United States Seventh Circuit

New York law applies a time-on-the-risk allocation as a way of determining the individual liability when there are multiple insurers, so that each insurer's liability is measured by the underlying loss multiplied by the ratio of time covered by the policy to the time subject to the risk.

Appellate Information

• Argued 10/27/2000
• Decided 07/12/2001
• Published 07/12/2001

Judges

• EASTERBROOK, Circuit Judge., Before EASTERBROOK, KANNE, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• John E. Flanagan (argued), Michael Best & Friedrich, Milwaukee, WI, for Plaintiffs-Appellants.


• For Appellees:
  
• Patrick S. Nolan, Borgelt, Powell, Peterson & Frauen, Milwaukee, WI, M. Paul Gorfinkel (argued), Rivkin, Radler & Kremer, Uniondale, NY, for Defendant-Appellee.