Del. Court Asks NY For Help With Asbestos Insurance Case

Law360, New York (May 28, 2015, 4:47 PM EDT) -- The Delaware Supreme Court certified two questions Thursday to the New York Court of Appeals that arose in a 10-year-old battle over excess insurance coverage for asbestos injury claims against Viking Pump Inc. and Warren Pumps LLC.

The state high court certified the questions of whether under New York law, when there are noncumulation and prior insurance provisions, the proper method of allocation is all sums or pro rata and, given the answer to the first question, when the underlying primary and umbrella insurance in the same policy period has been exhausted, what rule determines when a policy holder may access...

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