South Carolina Court of Appeals Finds Coverage for Asbestos Claim Despite Exclusion of Product and Transaction Risks – Litigation, Mediation and Arbitration



United States: South Carolina Court of Appeals Finds Coverage of Asbestos Claim Despite Exclusion of Product Risks and Operations

To print this article, all you need to do is be registered or log in to Mondaq.com.

The South Carolina Court of Appeals found that a transactional and product risk exclusion did not prohibit coverage for a mesothelioma victim exposed to asbestos in the home. Covil Corp. vs. Pa. Nat’l Mut. Case. Ins. Co., no. 2020-001239, 2022 SC App. LEXIS 1 (SC Ct. App. Jan. 5, 2022).

The insured, an asbestos installer, was sued by an individual who alleged that he had contracted mesothelioma due to exposure to his father-in-law who worked for the insured. The exhibition would have taken place at their home. The insured’s insurer denied coverage, claiming that the exclusion of completed transaction and commodity risks in the policy precluded coverage. The insurer concluded that, even if it applied to bodily injury resulting from the insured’s product, since the exposure had occurred off the insured’s premises after physical possession of the products had been abandoned, coverage was excluded.

The court disagreed and noted that the risk insured by the exclusion is the possibility of the product causing bodily injury or property damage other than the product or the completed work itself. Thus, he concluded that the exclusion applied only where the damage was caused by a defective product placed in the course of trade, or where the damage was caused by the completed work of an insured and neither neither had happened.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

POPULAR ARTICLES ON: US Litigation, Mediation & Arbitration

The first five things to do after being sued

Riley Bennett Egloff

Receiving a summons or complaint in the mail can be nerve-wracking and stressful. Whether you were recently involved in an accident or you are a doctor who lost a patient in the operating room…

“Civil Proceedings” and the Appeal of the Law

PC Jones & Keller

In a recent Colorado case, the attorney was hired to argue a construction contract lawsuit for a couple. After one of the first hearings went badly, the lawyer emailed his client calling the judge…


Source link

Previous Malaysia Playground Equipment Market Size, Growth and Forecast
Next ExpensePoint Announces New Partnership with dnata Travel Management That Will Enable dnata to Offer a Fully Automated Expense Reporting System to its Global Customers | News