State: 
Massachusetts
Year: 
2006
Case Number: 
07-1452
Court: 
U.S. Court of Appeals, 1st Circuit
Issue: 
Allocation and Contribution

Coverage for continuous injury when multiple policies cover the loss. The Court should adopt the position that joint and several liability should be imposed against insurance companies for damages arising from an ongoing injury. The only way the policyholder can enjoy the security it purchased with each policy is if the policyholder can collect the full amount of indemnity that is due from any insurer whose coverage is triggered.

Author: 
UP's brief was written pro bono by Eugene R. Anderson, William G. Passannante and Carrie Maylor (Law Student) of Anderson Kill & Olick, PC, and Amy Bach, Esq.