STORY FROM: Asbestos

Wis. Court Refuses to Substitute Asbestos Defendant in as Real Party in Interest for Insurer

MILWAUKEE, Wis. –– A Wisconsin federal court has refused to substitute an asbestos defendant in for an insurer, saying that a settlement agreement between the two parties only granted the insurer a contractual right to be indemnified for asbestos-related liabilities.

In the Sept. 13 order, the U.S. District Court for the Eastern District of Wisconsin concluded that Rule 17(a) does not require that Eaton Corp. be substituted for First State Insurance Company as the real party in interest.

Plaintiff Eaton Corp. filed the underlying complaint, seeking a declaratory judgment against its insurers, saying the companies owed them coverage ...

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