The court in Fulton Boiler Works, Inc. v. American Motorists Ins. Co., 5:06-CV-1117, 2010 U.S. Dist. LEXIS 28756 (N.D.N.Y March 25, 2010), held that two CGL insurers were obligated to pay for the entire cost of defending thousands of underlying asbestos bodily injury claims, without any contribution from their mutual insured, because they could not [...]
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Tagged as:
allocation,
asbestos,
duty to advance defense costs,
Duty to defend,
long-tail,
New York Insurance Law,
potential for coverage,
potentiality standard,
pro rata
In a groundbreaking ruling issued on October 14, 2009, a Delaware state court in Viking Pump, Inc. v. Century Indemnity Co. granted summary judgment in favor of two independent pump manufacturers facing potential liability for personal injury claims based on asbestos exposure dating back to before the two independent businesses were divested by a predecessor company. In the [...]
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Tagged as:
anti-assignment,
asbestos,
personal injury
