Consolidated Edison Co. of New York, Inc. v. Allstate Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that pro rata allocation is more appropriate when an insurance policy includes a provision providing coverage for “‘all sums’ of liability that resulted from an accident or occurrence ‘during the policy period’”
• applying a pro rata approach to the facts of that case
• “Generally, it is for the insured to establish coverage and for the insurer to prove that an exclusion in the policy applies to defeat coverage.”
• \We recognize — as did the trial court — that there are different ways to prorate liability among successive policies.\
• “Once coverage is established, the insurer bears the burden of proving that an exclusion applies”
• “[Other insurance] clauses apply when two or more policies provide coverage during the same period, and they serve to prevent multiple recoveries from such policies.”

Source: CourtListener parenthetical corpus (CC0).