Allianz Wins Order Requiring Other Insurers to Contribute to Defense of Asbestos, Pollution Claims

Source: https://www.claimsjournal.com/, March 26, 2021
By: Jim Sams

Carriers that insured Freightliner Corp. before it was purchased by Daimler-Benz AG in 1981 — even those that entered into fronting agreements that transferred liability back to the insured — have to contribute to the defense of claims related to a Superfund site and asbestos injuries, the Oregon Supreme Court ruled Thursday.

The high court found fault in decisions by both the trial court and the Court of Appeals in its 7-0 ruling in favor of appellant Allianz Global Risks. The decision potentially makes Freightliner’s former insurers liable for claims related to pollution and 1,500 asbestos-related lawsuits, although the court remanded the case with instructions to the trial court to decide if any policy exclusions apply. Read more.

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