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In Eleventh Circuit McNamara v. Gov’t Employees decision court held consensual settlement serves as excess judgment for bad faith claim. In follow up decision, Eleventh Circuit extended McNamara reasoning to case involving accepted proposal for settlement.
Maryland’s highest court adopts pro rata allocation for asbestos-related bodily injury claims under liability policies. The court began by explaining that injury spanning many years often implicates multiple policies and, therefore, implicates a continuous or injury-in-fact trigger under Maryland law. Adopting the reasoning of Mayor & City Council of Baltimore v. Utica Mutual Ins. Co., 802 A.2d 1070 (Md. Ct. Spec. App. 2002) , app. dismissed, 821 A.2d 369 (Md. 2003), it rejected joint and several allocation because of its “poor fit” under the policy language: [T]he pro rata approach is...