Insurer Need Not Cover Asbestos Claim Filed More Than 36 Months After End of Policy Period, Court Says

BATON ROUGE, La. - An insurer's condition requiring an occupational disease claim to be filed within three years of the end of a policy period before coverage can be assigned may create an impossible condition for a particular asbestos claimant, but not for all occupational claims, a state appeals court has ruled. Hamilton, et al. v. Anco Insulation, Inc., et al., No. 2002-CA-0221 (La. Ct. App., First Cir.).

In determining so, the First Circuit Louisiana Court of Appeal, in a decision approved for publication May 19, reversed a trial court's decision to award summary judgment to an insured who sought …