News & Analysis as of

Mesothelioma Insurance Litigation

Goldberg Segalla

Plaintiffs Win Appeal Regarding Ambiguous Language In Insurance Policy On Bodily Injury

Goldberg Segalla on

Jurisdiction: Court of Appeal of Louisiana, Fourth Circuit - Mr. May died from Mesothelioma and the plaintiffs filed a wrongful death and survival action alleging the decedent was exposed to asbestos while working as a...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

Hogan Lovells

Case Law confirmation: No "spiking" of mesothelioma employers' liability (EL) claims at the reinsurance level.

Hogan Lovells on

Following an "at the (Supreme) Court doors" settlement, the Court of Appeal decision in Equitas Insurance Limited v Municipal Mutual Insurance Limited stands, as the case was discontinued ahead of its planned Supreme Court...more

BCLP

No Reinsurer Spiking Allowed - Now Settled English law: Equitas and MMI Supreme Court case is discontinued

BCLP on

The case between Equitas and Municipal Mutual Insurance (MMI) has been discontinued, bringing to an end a dispute that was due to be heard by the UK Supreme Court this week. Last year’s ruling by the Court of Appeal therefore...more

Carlton Fields

U.K. Court Of Appeal Prohibits “Spiking” in Mesothelioma Cases in Win for Reinsurers

Carlton Fields on

In a closely watched case, the Court of Appeal of England and Wales has given reinsurers a win with respect to reinsurance claims related to mesothelioma and other asbestos-related diseases....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

Carlton Fields

Connecticut Appellate Court Addresses Trigger, Allocation, Exclusions, and Other Issues of First Impression in Coverage Litigation...

Carlton Fields on

Connecticut’s intermediate appellate court addressed a number of novel issues in a wide-ranging opinion regarding primary and excess insurers’ respective duties to defend and indemnify their common insured for long-tail...more

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