Posted on June 21, 2007 by Alan Rutkin

Number of Occurrence Determination Decision

For a good review of the caselaw concerning number of occurrences, read the June 5, 2007 decision by Justice Bernard Fried, Supreme Court of New York, New York County, ExxonMobil Corp. v. Certain Underwriters at Lloyd's.  Determinations concerning number of occurrences are arguably "position neutral."  Whether a single occurrence benefits policyholders or carriers depends upon the retention, limits, and claims.  That said, Justice Fried presented a thoughtful rejection of a policyholder's efforts to treat multiple occurrences as one.

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