Majority Affirms Finding On Trigger Of Coverage In Asbestos, Benzene Coverage Suit

Mealey's (December 19, 2022, 1:33 PM EST) -- RALEIGH, N.C. — The majority of the North Carolina Supreme Court on Dec. 16 affirmed an appeals panel’s ruling that a trial court correctly found that the trigger of coverage under insurance policies is determined based on the underlying claimants’ exposure to asbestos and benzene; however, the high court majority said the appeals panel incorrectly found that horizontal exhaustion applies to an excess insurer’s policies, noting that vertical exhaustion clearly applies to the excess insurer’s duty to defend....

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