In the Matter of VIKING PUMP, INC., et al., Insurance Appeals.
VIKING PUMP, INC., et al., Appellants;
TIG INSURANCE COMPANY et al., Respondents.
Court of Appeals of New York.https://leagle.com/images/logo.png
Argued March 29, 2016.
Decided May 3, 2016.
Attorney(s) appearing for the Case
Kirkland & Ellis LLP, Chicago, Illinois ( Michael P. Foradas , of the Illinois bar, admitted pro hac vice, Lisa G. Esayian of the Illinois bar, admitted pro hac vice, and William T. Pruitt of the Illinois bar, admitted pro hac vice, of counsel), and Kirkland & Ellis LLP, New York City ( Peter A. Bellacosa of counsel), for Viking Pump, Inc., appellant.
Lowenstein Sandler LLP, New York City ( David L. Elkind and Eric Jesse of counsel), for New York State Electric & Gas Corporation, amicus curiae.
Anderson Kill P.C., New York City ( Robert M. Horkovich and Edward J. Stein of counsel), and Amy Bach , United Policyholders, San Francisco, California, for United Policyholders and others, amici curiae.
Jenner & Block LLP, Chicago, Illinois ( Craig C. Martin , of the Illinois bar, admitted pro hac vice, and Peter J. Brennan of counsel), for Olin Corporation, amicus curiae.
Chief Judge DiFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM and FAHEY concur; Judge GARCIA taking no part.
OPINION OF THE COURT
STEIN, J.
In this complex insurance dispute, we have accepted two certified questions from the Delaware Supreme Court asking us to determine (1) whether "all sums" or "pro rata" allocation applies where the excess insurance policies at issue either follow form to a non-cumulation provision or contain a non-cumulation...
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