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The injured pedestrian and his wife filed a joint complaint with the insurer seeking a declaration as to whether anti-stacking provisions in a BOP and a CGL form limited recovery to $1,000,000 each occurrence limit that the insurer had already paid. This case is Gohagan v. The Cincinnati Insurance Company, 2016 WL 66944.

Campbell attempted to remove a tree from a property being developed when the tree fell on Gohagan. Gohagan was severely injured and he sued Campbell; Gohagan’s wife also sued for loss of consortium. The insurer, Cincinnati Insurance Company, paid the Gohagans the CGL policy limits of $1,000,000.

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