Excess Policy Terms Set Exhaustion Method, Ill. Judge Says
Troutman Sanders lawyers Clint Cameron, Jaime Sanders, Tyler Mertes, Bill Pipal and Courtney Ross were mentioned in a July 29 Law360 article about an Illinois state judge rejecting mechanical sealing company John Crane Inc.’s argument that it should be allowed to access excess insurance policies to cover asbestos injury claims once all the lower-level insurance in the same policy period has been exhausted.
The court found that the proper exhaustion method depends on the language of each excess policy. The court also determined that the “other insurance” language of several insurers’ policies compelled a finding that these policies had no obligation to contribute any amounts towards settlements or judgments absent exhaustion of certain other umbrella policies. The firm’s lawyers are representing Continental Casualty Company, Columbia Casualty Company and The Continental Insurance Company, as successor to Certain Rights of London Guarantee and Accident Company of New York in the dispute. The case is in Mealey's Litigation Report: Insurance.