Wisconsin Court Remands Asbestos-Related Declaratory Action Filed by Harley-Davidson

MILWAUKEE –– A declaratory judgment action involving coverage for underlying asbestos claims has been remanded to Wisconsin state court after a federal court determined that recently added insurers defeat diversity jurisdiction.

In the April 3 opinion, the U.S. District Court for the Eastern District of Wisconsin ruled that Harley-Davidson’s addition of London insurers to the action was not done for the sole purpose of defeating federal jurisdiction.

Harley-Davidson seeks damages from 10 domestic primary and excess insurers, asserting they breached their duty to defend and indemnify it for underlying asbestos claims asserted against the company.

One of those insurers …