Asbestos/Duty of Care: Connecticut Court Addresses Construction Project/Liability Issues

Mitchell, Williams, Selig, Gates & Woodyard | October 25, 2019 The Superior Court of Connecticut (Judicial District of Hartford) (“Court”) addressed in a September 30th opinion certain issues arising in an asbestos exposure case. See Julian Poce, et al., v. O&G Industries, Inc., et al., 2019 WL 5295545. The Court addressed Summary Judgment Motions arguing certain… Continue reading Asbestos/Duty of Care: Connecticut Court Addresses Construction Project/Liability Issues

Inability to Confirm Coverage Supports Setting Aside Insured’s Default Judgment on Grounds of Extrinsic Mistake

Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel | December 17, 2018 In Mechling v. Asbestos Defendants (No. A150132, filed 12/11/18), a California appeals court affirmed the trial court’s grant of an insurer’s motion to set aside default judgments entered against its defunct insured pursuant to the trial court’s inherent, equitable power to set… Continue reading Inability to Confirm Coverage Supports Setting Aside Insured’s Default Judgment on Grounds of Extrinsic Mistake

New York State Trial Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues

Paul Briganti | Complex Insurance Coverage Reporter | December 12, 2018 On November 21, 2018, the New York Supreme Court, Onondaga County, issued a summary-judgment ruling on a number of coverage issues arising from asbestos-related bodily injury claims against plaintiffs Carrier Corporation (Carrier) and Elliott Company (Elliott). See Carrier Corp., et al. v. Travelers Indem. Co.,… Continue reading New York State Trial Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues

Pennsylvania Federal Court Addresses Recurring Asbestos Coverage Issues

Craig O’Neill and Laura Rossi | Complex Insurance Coverage Reporter | January 18, 2019 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 Wallace & Gale approach. Zurn Industries, LLC v. Allstate Insurance… Continue reading Pennsylvania Federal Court Addresses Recurring Asbestos Coverage Issues

Construction Companies Can Be Liable for “Secondary Exposure” of Asbestos to Household Members

Garret Murai | California Construction Law Blog | October 19, 2017 The history of asbestos regulation in the United States is complicated. Prior to the 1970s, asbestos-containing materials used in construction was widespread. In 1971, when the U.S. Environmental Protection Agency issued an emissions standard for asbestos as part of the Clean Air Act. In… Continue reading Construction Companies Can Be Liable for “Secondary Exposure” of Asbestos to Household Members

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