Pope v. Heritage Communities, Inc.

How courts have described this case

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

• noting that an ambiguity in a CGL policy must be construed in favor of the insured
• rejecting the “joint and several” allocation approach because, inter alia, that approach ignores “critical language” limiting the insurer’s indemnity obligation to those losses occurring during the policy period
• finding it is within the sound discretion of the trial court to determine, in light of the particular facts and circumstances of each case, the most appropriate manner for applying the basic time-on-the-risk formula to reasonably approximate each insurer’s time on the risk
• “Where proof of the actual property damage distribution is not available, the allocation formula adopted herein will serve as an appropriate default method for dividing the loss.... ” (emphasis added)
• \The qualification of an expert witness and the admissibility of his or her opinion are matters within the sound discretion of the [circuit] court and will not be disturbed on appeal absent an abuse of that discretion and a showing of prejudice.\

Source: CourtListener parenthetical corpus (CC0).