NY Court Upholds Union Carbide's Asbestos Coverage Ruling

Law360, New York (December 10, 2012, 3:01 PM EST) -- A New York appeals court on Thursday quashed an excess carrier's argument that it shouldn't cover asbestos injury lawsuits against Union Carbide Corp. because the chemical manufacturer expected the injuries.

Argonaut Insurance Co. contended that the underlying suits were not covered because Union Carbide had expected or intended claims of injury from asbestos exposure. But the appeals court unanimously upheld a lower court's January 2011 partial summary judgment decision striking that defense.

The court said Union Carbide had backed up its claim that while it was...
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