3rd Circuit Reverses $36 Million Judgment Entered Against Insurer; Says Asbestos Exclusion Was Unambiguous

PHILADELPHIA –– The 3rd Circuit U.S. Court of Appeals has reversed a $36 million judgment entered against the excess insurer of an asbestos defendant, ruling that the plain language disclaiming excess net loss arising out of asbestos in unambiguous on its face.

In the April 21 opinion, the 3rd Circuit opined that there is no dispute that General Refractories Co.’s products contained asbestos and that the plaintiffs suffered asbestos-related injuries as a result of using those products.

“These facts alone compel the conclusion that asbestos in its raw mineral form is causally connected to the losses GRC has incurred as …