W.Va. Court Dismisses Declaratory Judgment Action Filed by Asbestos Defendant; Cites Policy Exclusion

WHEELING, W.Va. –– A declaratory judgment action filed by an asbestos defendant against its two insurers has been dismissed by a West Virginia federal court, which found that the exclusions relating to the time of the injury were “clear and unambiguous.”

In the June 27 opinion, the U.S. District Court for the Northern District of West Virginia found that the insurers were not responsible for indemnifying Homer Laughlin China Co. for defense costs relating to a lawsuit filed by a former employee, since the asbestos plaintiff’s last day of last exposure did not occur within the policy period.

Homer Laughlin …