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Appellate court rules on insurance coverage case

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The Indiana Court of Appeals has ruled in favor of a group of insurance companies that argued a waste management company couldn’t seek coverage for asbestos and related worker injuries under policies signed by corporate predecessors before 1986.

In Continental Insurance Co., National Fire Insurance Co. of Hartford, Continental Casualty Co., and Columbia Casualty Co. v. Wheelabrator Technologies, Inc., and Waste Management Holdings, Inc., No. 49A02-1010-PL-1110, the appellate court reversed a ruling by Marion Superior Judge Ted Sosin and found in favor of the insurance companies.

The case involved pre-1986 coverage that involved Allied Signal – now Honeywell International – selling assets and liability to the predecessor of Waste Management, when the insurance companies issued occurrence-based insurance policies to Honeywell’s predecessor. Since then, Waste Management has been sued by claimants on allegations that they suffered from asbestos and other related injuries while working in a building housing a filtration process.

Sosin ruled that Waste Management could seek coverage from the insurers whose predecessors had issued liability policies back in 1986, but the appellate court disagreed.

Relying on the Indiana Supreme Court’s decision in Casualty and Surety Co., et al. v. United States Filter Corp., 895 N.E.2d 1172 (Ind. 2008) which involved similar issues and parties, the Court of Appeals found in favor of the insurers.

No insurance coverage rights transferred to Waste Management by virtue of the 1986 agreements signed by all the predecessors when new agreements were signed in 2009, the appellate court’s majority found using the U.S. Filter rationale. Honeywell was no longer liable for the claims on the date it entered into the agreements in 2009, and Judge Paul Mathias wrote that Waste Management hasn’t directed the court to any evidence or argument that would warrant a different result.

Judge James Kirsch dissented without a separate opinion, and the case is remanded.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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