Nearly two decades ago, the Supreme Court of Ohio adopted an “all sums” approach to allocate insurance coverage for progressive injuries among multiple triggered policies. In Goodyear Tire & Rubber Co. v. Aetna Cas. & Sur. Co., the Court held that “when a continuous occurrence of environmental pollution triggers claims under multiple primary insurance policies, the insured is entitled to secure coverage from a single policy of its choice that covers ‘all sums’ incurred as damages ‘during the policy period,’ subject to that policy’s limit of coverage.” 769 N.E.2d 835, 841 (Ohio 2002). The selected insurer then bears the burden of obtaining contribution from other applicable insurance policies as it deems necessary.
Since Goodyear was decided, the Court’s allocation ruling has been under frequent attack. However, Ohio courts continued to uniformly apply an all sums allocation methodology to progressive injury claims. See e.g. Pennsylvania Gen. Ins. Co. v. Park-Ohio Indus., 930 N.E.2d 800, 803 (Ohio 2010) (reaffirming the application of the all sums allocation method adopted in Goodyear and clarifying a targeted insurer’s right to contribution from non-targeted insurers).