6th Cir. Reiterates Insurers Did Not Violate ‘All-Sums’ Rule by Reallocating Benzene Settlement

CINCINNATI — The 6th Circuit U.S. Court of Appeals has refused to reconsider its ruling that a chemical company’s insurers did not violate Ohio’s “all-sums” rule by reallocating funding for a benzene exposure settlement to policies reinsured by the company’s captive reinsurer, and that the insured can still be responsible for some of the financial burden.

In its Jan. 13 opinion, the panel majority explained that under the “all-sums” method, insurers are permitted to obtain contribution from all responsible parties, including the insured. The appellate court denied a petition for review en banc on Feb. 24.

Two individuals sued Chemical …