Door Closing On 'Unavailability' Insurance Exception: Part 2
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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