Recent Massachusetts decision applies pro-rata allocation and continuous trigger to progressive injury claims, including asbestos claims *

USA - June 7 2013
Insurers sought a declaratory judgment that their insured D.N. Lukens, Inc. must contribute its pro-rata share of payments made to settle toxic tort…

Co-authors: John A. Nadas, A. Hugh Scott, David A. Attisani, Robert A. Kole.

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Supreme Court rules that policyholder cannot evade federal jurisdiction under Class Action Fairness Act by stipulating to damages below jurisdictional minimum *

USA - March 22 2013
The Supreme Court ruled that plaintiffs cannot evade federal court jurisdiction by stipulating that class-wide damages are less than the Class Action…

Co-authors: John A. Nadas, A. Hugh Scott, David A. Attisani, Robert A. Kole.

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Insurers should re-examine additional insured liability coverage wording in light of BP oil spill decision *

USA - March 20 2013
Transocean Holdings, Inc. and BP America Production Company entered into a drilling contract for exploratory drilling at the Macondo Well in the Gulf…

Co-authors: John A. Nadas, A. Hugh Scott, David A. Attisani, Peter B. Moores , Robert A. Kole.

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First Circuit affirms pro-rata damages verdict in Boston Gas *

USA - January 29 2013
The US First Circuit Court of Appeals affirmed the trial court’s pro-rata, time-on-the-risk allocation of damages from environmental contamination in…

Co-authors: John A. Nadas, A. Hugh Scott, David A. Attisani, Robert A. Kole.

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First Circuit vacates summary judgment against insurer, holding that start-date for sexual harassment claim is questionable *

USA - January 9 2013
What you need to know: The US First Circuit Court of Appeals vacated a summary judgment ruling for the insured, concluding that material issues of fact…

Co-authors: John A. Nadas, A. Hugh Scott, David A. Attisani, Robert A. Kole.

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