Commercial Union Insurance Co. v. Sepco Corp.
United States Court of Appeals for the Eleventh Circuit
765 F.2d 1543 (1985)
- Written by Rich Walter, JD
Facts
Sepco Corporation (defendant) manufactured asbestos insulation during the 1970s. Throughout these years, Sepco was insured under a series of commercial general liability policies issued by Commercial Union Insurance Company and several other companies (collectively, insurers) (plaintiffs). Each of these policies insured Sepco against bodily-injury claims for damages occurring while the policy was in effect, including damages caused by long-term exposure to conditions that unexpectedly and unintentionally proved to be harmful. After researchers discovered that long-term exposure to airborne asbestos fibers may cause lung disease that takes years to manifest its symptoms, hundreds of persons exposed to Sepco’s insulation sued Sepco for damages. The insurers sued for a declaratory judgment as to their respective liabilities, if any, to defend or indemnify Sepco against these claims. A federal district court ruled that liability should be allocated among all the insurers. The insurers appealed to the Eleventh Circuit.
Rule of Law
Issue
Holding and Reasoning (Morgan, J.)
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