Category: Insurance Coverage

This insurance-coverage dispute involved alleged asbestos exposure from asbestos-containing vermiculite mined from Vermiculite Mountain outside of Libby, Mont.  The court acknowledged that vermiculite ore may contain toxic asbestos minerals, which alleged exposure formed the basis for the lawsuit.

Specifically, in Zurich Am. Ins. Co. v. Burlington N. & Santa Fe Ry. Co. (March 13, 2025), appellant Zurich argued the trial court erred in granting Burlington Northern and Santa Fe Railway Company’s (BNSF) summary judgment while also denying Zurich’s two summary-judgment motions concerning its duty to …

Supreme Court of New York, Monroe County

Meissner v. Ridge Constr., Inc., 2022 N.Y. Misc. LEXIS 310

After obtaining a jury trial verdict of $8 million on November 19, 2019, in an action for asbestos exposure in 1970-71 resulting in mesothelioma against Ridge Construction, Inc., a former subsidiary of Eastman Kodak, the plaintiffs filed an action under New York Insurance Law § 3420 (the coverage action) in an effort to collect the judgment under three excess insurance policies issued by certain underwriters at Lloyd’s of …

U.S. District Court for the Western District of Washington, December 14, 2021

An insurance coverage dispute arose out of an action by Northshore School District against Beresford for a construction project in which Beresford allegedly improperly and negligently disturbed asbestos-containing materials requiring extensive remediation, cleaning, and repairs.

Beresford tendered its defense to Travelers, which denied there was any defense and indemnity coverage based upon asbestos exclusions but agreed to provide a defense under a full reservation of rights. Travelers subsequently conceded that Northshore potentially made …

The plaintiffs, seeking payment of judgments entered against a supplier of raw asbestos fiber to employer of the plaintiffs’ decedents under New York Insurance Law § 3420 and a declaration that insurance companies’ transfer of insurance funds to the supplier constituted fraudulent conveyances in violation of New York Debtor Creditor Law, filed several actions against defendant insurers. The defendants filed motions for summary judgment seeking dismissal, and the plaintiffs moved for summary judgment on New York Insurance Law § 3420 as to all defendants and …

U.S. District Court for the Southern District of New York, January 22, 2021

This case is an insurance coverage dispute between plaintiff Cosmopolitan Shipping Co., Inc. and defendant Continental Insurance Company regarding claims made against Cosmopolitan by seamen exposed to asbestos on its ships in the 1940s. The policy at issue was unable to be located, apart from three endorsements. An evidentiary hearing was conducted to determine whether the policy provided coverage and what the terms of coverage were.

In September 2017, Cosmopolitan settled 47 …

U.S. District Court for the Southern District of New York, November 16, 2020

This case follows an opinion and order by the same court regarding resolution of the parties’ cross-motions for summary judgment. The opinion and order affixed liability on Danaher and Atlas Copco for costs incurred by Travelers in defending certain asbestos and silica related bodily injury claims. Danaher and Atlas Copco moved for leave to file an interlocutory appeal, and North River (NR) moved for partial reconsideration, leave to file an interlocutory appeal, …