Insurer Can't Appeal Order to Compel Arbitration of Insulator's Non-Products Coverage Dispute

LOS ANGELES - A California Appeals Court has ruled against an insurer who tried to appeal a decision to stay a coverage dispute while an arbitrator decides whether an insulator's policy limits had been exhausted with regard to both products and non-products coverage of asbestos liabilities. Fireman's Fund Insurance Co. v. Thorpe Insulation Co., No. B141832 (Calif. App., 2nd Dist.).

In an unpublished decision released Feb. 8, the Second District California Court of Appeal dismissed the insurer's challenge, finding that the trial court's decision to refer claims of bad faith and duty to defend to the judiciary is currently …