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Primary Insurer's Policies Cannot Be Stacked, California Appeals Panel...
LOS ANGELES - A primary insurer's policies cannot be stacked because the policies at issue clearly include a "per occurrence" limit and not a "per occurrence per year limit," the Second District...
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Insurer Says Reinsurer Must Honor Settlement Made With Insured
MADISON, Wis. - An insurer told a Wisconsin federal judge on April 2 that the language of a pair of reinsurance agreements is clear that a reinsurer must honor a settlement made between the insurer and...
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Hawaiian Court Finds Insurer Had No Duty In Relation To Mold Action
HONOLULU - A Hawaiian appeals court on April 15 affirmed trial court decisions that found that an insurer had no duty to indemnify a building company and another insurer under various policies for a...
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Louisiana Court Reverses Judgment For Sellers Of Allegedly Defective Home
BATON ROUGE, La. - A Louisiana appeals court on April 10 reversed a decision that granted judgment in favor of the sellers of a home that contained water leaks and mold, finding that they failed to...
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No Coverage Owed For Defective Work Claims, Pa. Judge Determines
PHILADELPHIA - An insurer has no duty to defend its insured against underlying claims of negligent construction because the underlying suit does not allege an occurrence as required by the insurance...
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Utah Court Affirms $5 Million Verdict; No Joint And Several Liability
SALT LAKE CITY - A trial judge properly rejected joint and several liability after concluding that a woman's asbestos claim arose at the time of her diagnosis, a Utah appeals panel held April 4....
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3rd Circuit Adopts Virginia Supreme Court's Answer To Certified Question
PHILADELPHIA - A previous asbestosis diagnosis renders a subsequent Virginia action alleging mesothelioma untimely, a Third Circuit U.S. Court of Appeals panel held April 11 in adopting the Virginia...
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Wisconsin Assembly Considers Bankrupt Trust Disclosure Bill
MADISON, Wis. - Legislation in Wisconsin would give tort plaintiffs 30 days to disclose any claims against asbestos personal injury trusts and provide liable defendants with offsets for recoveries from...
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North Carolina Considers Limit On Asbestos Liabilities For Successor...
RALEIGH, N.C. - North Carolina lawmakers on March 26 began considering legislation limiting a successor company's liability to the fair market value of the total gross assets at the time of the...
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Illinois Lawmakers Consider Asbestos Trust Disclosure Bill
SPRINGFIELD, Ill. - Asbestos plaintiffs in Illinois would have 30 days from the beginning of discovery to provide all parties to the litigation a sworn statement identifying existing trust claims under...
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Pennsylvania House Considers Asbestos Bankruptcy Trust Disclosure Legislation
HARRISBURG, Pa. - The Pennsylvania House Committee on Judiciary on April 8 began considering a bill requiring disclosure of asbestos bankruptcy trust submissions and imposing liability with an eye...
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Plaintiffs: Court Must Reverse Asbestos-Contaminated Talc Fraud Case Dismissal
NEWARK, N.J. - Neither the Anti-Injunction Act's limitation on available remedies nor the litigation privilege doctrine required dismissal of fraud claims alleging that a talc company and its attorneys...
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Plaintiffs Appeal Rulings Denying Motions To Perpetuate Co-Worker Testimony
PHILADELPHIA - Plaintiffs in four cases on April 11 appealed the federal multidistrict judge's ruling denying motions to perpetuate co-worker testimony after the close of discovery (In re: Asbestos...
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Justice Finds Conflicting Testimony Sufficiently Identifies Boiler Maker
NEW YORK - A man's testimony sufficiently identifies a manufacturer's product, and any conflict in the testimony creates triable issues for a jury, a New York justice held March 26 (Claude Wilkinson v....
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Failure-To-Warn Claims Against Asbestos Supplier May Proceed, Justice Says
NEW YORK - Evidence that an asbestos supplier allegedly withheld information regarding the dangers of asbestos from its customers creates jury questions, a New York justice held March 22 (Nicholas G....
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Justice: 'Symbiotic Relationship' Creates Genuine Questions Regarding Liability
NEW YORK - An air-conditioning company's "symbiotic relationship" with another company resulted in a single entity, creating questions about whether the former can be liable for a man's asbestos...
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N.Y. Justice: Potential For Asbestos In Boiler Ash Pits Overcomes Summary...
NEW YORK - Evidence that asbestos from various boiler parts accumulated in the ash pit a man cleaned creates a reasonable inference of exposure, a New York justice held April 10 (Emily DeRogatis, et...
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Asbestos Action May Proceed On Work History, Product ID Evidence, Judge Says
RALEIGH, N.C. - A widow's complaint alleges sufficient work history and product identification evidence to proceed, a North Carolina federal judge held April 1 in denying motions to dismiss (Robert...
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Judge: Evidence Requires Impermissible 'Guess' At Exposures By Jury
SALEM, Ore. - A jury would have to conduct impermissible "guesswork" to arrive at the conclusion that a man suffered exposure to asbestos based on testimony that he used or purchased "some" asbestos...
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Illinois Plaintiffs Appeal Statute Of Limitations Ruling In MDL Court
PHILADELPHIA - Four Illinois plaintiffs with claims in the federal asbestos multidistrict litigation on April 15 filed notices appealing a ruling that the Illinois statute of limitations bars...
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