News & Analysis as of

Bodily Injury Asbestos Insurance Industry

Zelle  LLP

“Occurrence” Provisions Within Excess Policies Support an Exposure Trigger Theory Application for Asbestos-Related Claims

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Asbestos fibers, chemical fumes, environmental pollutants—what do they have in common? They all involve injuries that manifest over time and are continuously at the center of the complex exposure trigger debate....more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Holds That Employer’s Liability Exclusions May Not Bar Coverage For Asbestos Claims Of An Employee’s...

Houston Harbaugh, P.C. on

Employer’s Liability Exclusions typically apply to claims for bodily injury to employees arising out of and in the course of their employment by the insured. But, to what extent might such exclusions apply to claims for...more

White and Williams LLP

Top Developments March 2024

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Delaware Supreme Court concludes that a letter from a lawyer informing an insured of possible lawsuits without identifying potential plaintiffs or demanding payment is not a “claim for damages” within the meaning of...more

Hinshaw & Culbertson - Insights for Insurers

Two Cases Directly Impacting Insurers are Currently Pending Before the United States Supreme Court

Rulings by the United States Supreme Court profoundly impact insurers as businesses and corporate citizens. Additionally, decisions from the U.S. Supreme Court can also influence claims and policyholders' liabilities for...more

White and Williams LLP

North Carolina Supreme Court Addresses “Trigger of Coverage,” Allocation and Exhaustion-Related Issues Arising Out of...

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On December 16, 2022, the North Carolina Supreme Court decided Radiator Specialty Co. v. Arrowood Indem. Co., 2022 N.C. LEXIS 1122 (Dec. 16, 2022), in which it addressed coverage issues arising out of claims by individuals...more

White and Williams LLP

New York Court Permits Asbestos Claimants to Proceed Against Insurers with Buyout Agreements

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A recent New York federal district court decision addresses a number of issues in the context of asbestos coverage involving an insolvent insured, holding that policy buyout agreements between the insured and its insurers did...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2020

Rivkin Radler LLP on

ADDITIONAL AND NAMED INSUREDS/PRIORITY- Court Rules “C/O” Company In Contract Not An Additional Insured- A construction worker sued Blue Woods Management Group, Inc. alleging that he was injured while working... ...more

Harris Beach Murtha PLLC

The Connecticut Supreme Court Affirms Policyholder Victory On Allocation Issues In Coverage For Asbestos-Related Injuries

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In a significant Connecticut Supreme Court win for policyholders officially released this week, Murtha Cullina helped Vanderbilt Minerals, LLC prevail once again in its coverage case against more than 20 of its insurance...more

White and Williams LLP

Pennsylvania Federal Court Addresses Recurring Asbestos Coverage Issues

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In a pair of recent asbestos coverage decisions, a Pennsylvania federal court issued rulings addressing expedited funding orders, number of “occurrences,” and the applicability of aggregate limits under the Fourth Circuit’s...more

Robinson+Cole Massachusetts Appellate Blog

The Scope of an Insurer’s Right to Control the Defense – OneBeacon America Ins. Co. v. Celanese Corp.

The scope of an insurer’s right to control the defense of an insured is an underdeveloped issue in Massachusetts case law, which the Appeals Court recently addressed in OneBeacon America Ins. Co. v. Celanese Corp., No....more

Perkins Coie

What Methods of Allocation Will Prevail in New York?

Perkins Coie on

In the Matter of Viking Pump, Inc. and Warren Pumps LLC Insurance Appeals, No. CTQ-2015-00003 (NY) - Yesterday, on March 29, 2016, the New York Court of Appeals, New York’s highest court, will hear oral argument on two...more

Troutman Pepper Locke

Illinois Court: Multi-year Policy Limits Applied To Entire Policy Period, Not Annually, And Payments For Potentially Covered...

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An Illinois trial court recently addressed the issue of whether an insurer exhausted its limits of liability in paying nearly $90 million for an insured’s defense and indemnity associated with asbestos bodily injury claims. ...more

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