GENERAL REFRACTORIES COMPANY v. FIRST STATE INSURANCE CO. et al

Filing 637

ORDERED THAT THE "ASBESTOS EXCLUSION" CONTAINED IN THE "EXCESS OVERLAYER INDEMNITY" INSURANCE POLICIES IS AMBIGUOUS. IT IS FURTHER ORDERED THAT THE CONSTRUCTION OF THE ASBESTOS EXCLUSION THAT FAVORS INSURANCE PROTECTION FOR THE POLICYHOLDER, PLAINTIFF GRC APPLIES AS OUTLINED HEREIN. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 3/3/2015. 3/3/2015 ENTERED AND COPIES MAILED AND E-MAILED.(sg, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GENERAL REFRACTORIES COMPANY v. FIRST STATE INSURANCE COMPANY, et al. : : : : : CIVIL ACTION No. 04-3509 ORDER AND NOW, this 3rd day of March, 2015, after a bench trial on November 3, 2014, and consideration of the parties’ respective proposed findings of fact and conclusions of law, it is hereby ORDERED and DECLARED that the “Asbestos Exclusion” contained in the “Excess Overlayer Indemnity” insurance policies,1 which were sold by defendant Travelers Casualty and Surety Company, formerly known as The Aetna Casualty and Surety Company (“Travelers”), to plaintiff General Refractories Company (“GRC”), is ambiguous. It is further ORDERED and DECLARED that the construction of the Asbestos Exclusion that favors insurance protection for the policyholder, plaintiff GRC applies: That is, the Asbestos Exclusion is not enforceable and is not effective to preclude insurance coverage for GRC against underlying asbestos-related lawsuits, which sue “typically . . . for bodily injuries, diseases, and fear of contracting the same, allegedly resulting from exposure to asbestoscontaining products manufactured, sold, and distributed by GRC.” Compl. ¶ 23. BY THE COURT: /s/ L. Felipe Restrepo ________________________ L. FELIPE RESTREPO UNITED STATES DISTRICT JUDGE 1 The insurance policies are numbered, respectively, 01 XN 5442 WCA and 01 XN 5443 WCA. Each policy was issued for the effective period, August 1, 1985 to August 1, 1986. Defendant Travelers’ trial exhibits, D-1 and D-2.

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