Door Closing On 'Unavailability' Insurance Exception: Part 2

Law360, New York (January 10, 2017, 3:12 PM EST) -- This is the second part of this article. You can find the first part here.

The Limited Nature Of The “Unavailability Of Insurance” Exception

To be sure, decisions applying New Jersey law post-Owens-Illinois have applied the “unavailability of insurance” exception in the context of asbestos and environmental coverage claims by ending the coverage block (the allocation end-date) at the time when coverage for asbestos or pollution losses was unavailable in the market.

Outside the Garden State, however, very few decisions applying the law of a pro...
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