Armstrong World Industries, Inc. v. Aetna Casualty & Surety Co.
45 Cal. App. 4th 1 | California Court of Appeal | 1996
Holding Summary
Insurance coverage for asbestos-related bodily injuries is triggered continuously from initial exposure through manifestation and death, with all policies in effect during this period providing coverage based on injury-in-fact analysis supported by medical evidence of progressive physiological impairment.
All policies in effect from first exposure until death are triggered for asbestos-related bodily injury claims.
Related Cases
Fitzgerald v. Advanced Spine Fixation Systems, Inc.
A manufacturer must indemnify an innocent seller for products liability litigation costs under Texas Civil Practice & Remedies Code § 82.002(a), even if the seller did not sell the particular defective product that injured the plaintiff, provided the seller qualifies as a 'seller' under the statute.
Associated Indemnity Corp. v. CAT Contracting, Inc.
A surety does not owe a common law duty of good faith to its principal, but good faith is a contractual condition precedent to indemnification, requiring proof of improper motive or willful ignorance rather than mere negligence.
Entergy Gulf States, Inc. v. Summers
A premises owner that contracts for work performance and provides workers' compensation insurance to contractors' employees qualifies as a statutory employer entitled to the exclusive remedy defense under the Texas Workers' Compensation Act.
Lee Lewis Construction, Inc. v. Harrison
A general contractor owes a duty of care to a subcontractor's employee for fall protection when it retains actual control over safety measures, and the evidence sufficiently supported findings of negligence and gross negligence.
Rory v. Continental Insurance
Unambiguous contractual limitations periods in insurance policies must be enforced as written unless they violate law or public policy; judicial assessments of reasonableness cannot override clear contract terms.
American Trucking Associations, Inc. v. City of Los Angeles
The court reversed the district court's denial of preliminary injunction, finding ATA likely to succeed on FAAA preemption claims because many concession agreement provisions are not genuinely responsive to motor vehicle safety.