Legal Opinion

Rossello v. Zurich Amer. Insurance

Court of Appeals of Maryland

Decided April 3, 2020No. 24/19PublishedCited by 15 opinions

1Opinion of the Court

Patrick Rossello v. Zurich American Insurance Company, No. 24, September Term, 2019. Opinion by Getty, J. INSURANCE LAW—INDEMNITY—COMPREHENSIVE GENERAL LIABILITY POLICIES—APPORTIONMENT—PRO RATA—TRIGGER OF COVERAGE—INJURY-IN-FACT TRIGGER—CONTINUOUS TRIGGER The Court of Appeals held that damages from a continuous bodily injury judgment must be allocated on a pro rata, time-on-the-risk basis across all insured and insurable periods triggered by the plaintiff’s injuries. Informed by the language of Comprehensive General Liability policies and longstanding precedent adopted by the Court of Special…

2Cases cited38 opinions

  1. Consolidated Edison Co. of New York, Inc. v. Allstate InsuranceNew York Court of Appeals · 2002
  2. Owens-Illinois, Inc. v. United InsuranceSupreme Court of New Jersey · 1994
  3. Myers v. KayhoeCourt of Appeals of Maryland · 2006
  4. J.H. France Refractories Co. v. Allstate InsuranceSupreme Court of Pennsylvania · 1993
  5. American National Fire Insurance Co. v. B & L Trucking and Construction Co.Washington Supreme Court · 1998

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3Cited by15 opinions

  1. Macedo v. Automobile Insurance Co.Court of Appeals of Maryland · 2022
  2. CX Reinsurance v. JohnsonCourt of Appeals of Maryland · 2022
  3. Brawner Builders v. State Highway Admin.Court of Appeals of Maryland · 2021
  4. CX Reinsurance Company Limited v. JohnsonDistrict Court, D. Maryland · 2022
  5. CX Reinsurance Company Limited v. LilesDistrict Court, D. Maryland · 2022

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