Availability Rule's Death Has Been Greatly Exaggerated
Law360, New York (January 26, 2017, 10:05 AM EST) -- Just last month, the Sixth Circuit delivered the most recent decision to address whether, in a pro rata jurisdiction, the allocation of losses for long-tail claims should be limited to policy periods in which insurance was available for purchase by the policyholder to cover those claims. In Continental Casualty Co. v. Indian Head Industries Inc. (6th Cir. Dec. 16, 2016), the Sixth Circuit confirmed that, under Michigan law, the availability rule applies to pro rata allocation for asbestos claims. Numerous other jurisdictions have adopted the availability rule as well. Thus, rumors of its demise, as suggested in Scott Seaman's recent Law...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!