Del. High Court Applies Exposure Trigger Rule under Alabama Law

WILMINGTON, Del. -- The Delaware Supreme Court has upheld a decision applying the exposure trigger rule under Alabama law in a declaratory judgment action. Shook & Fletcher Asbestos Settlement Trust v. Safety National Casualty Corp., No. 532, 2005 (Del. Sup. Ct.).

In the Sept. 26 ruling, the high court opined that the Alabama Supreme Court would most likely apply the exposure trigger rule as opposed to the continuous trigger rule.

The Shook & Fletcher Asbestos Settlement Trust asserted the declaratory action, seeking a judgment on whether three excess liability policies issued by Safety National Casualty Corp. from 1983 through 1985 …