Under common law, which of the following conditions is NOT required for contribution to arise?

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In the context of contribution under common law, one of the key principles is that contribution allows insurers who have jointly insured the same risk to share the payment of a loss. For contribution to arise effectively, there are several necessary conditions that must be met.

Option C suggests that the loss must exceed each individual policy limit for contribution to occur. However, this is not a requirement for contribution to arise. In fact, contribution can take place even if the loss does not exceed the limits of each policy, as long as there are multiple insurers covering the same risk.

The necessity for contribution is primarily predicated on the existence of multiple insurers providing coverage for the same loss and a need to avoid the insured being compensated more than once for the same loss. The policies need to contain relevant wording that allows for contribution, which ensures that when claims are made, the insurers can apportion the liability based on their respective shares of coverage.

As such, the requirement that claims must be made concurrently with all insurers is also not a standard condition for contribution. While it might be more practical for claims to be handled simultaneously for ease of settlement and clarity in responsibility, it is not a strictly necessary condition for contribution to be invoked under common law.

Thus, the understanding that contribution

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