Armstrong World Industries, Inc. v. Aetna Casualty & Surety Co.
45 Cal. App. 4th 1 | California Court of Appeal | 1996
What This Case Means for Subcontractors
Armstrong World Industries sued its insurance carriers over coverage for asbestos-related injuries. The California Court of Appeal ruled that all insurance policies in effect from the time a worker is first exposed to asbestos through death must cover the injury claim. This matters to subcontractors because it means multiple insurance policies may be triggered for asbestos exposure, potentially affecting liability and indemnification obligations on job sites.
Key Takeaways
- •All insurance policies active during the exposure-to-death period are responsible for coverage—not just the policy in effect when symptoms appeared
- •Medical evidence of progressive physiological damage (not just diagnosis) triggers coverage, so document health changes over time
- •Subcontractors should track which insurance policies were active during their entire tenure on asbestos-containing projects, as this affects indemnification claims
All policies in effect from first exposure until death are triggered for asbestos-related bodily injury claims.
Frequently Asked Question
If I was exposed to asbestos on a job years ago, which insurance policy covers my injury claim?
All policies in effect from your first exposure through the time you develop symptoms or die are responsible for coverage. You're not limited to the policy active when you got sick. This is called continuous trigger coverage, and it means multiple insurers may share liability for your claim.
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