Excess Insurer Says Texas Federal Judge Incorrectly Applied Injury-In-Fact Theory
Mealey's (October 13, 2016, 1:12 PM EDT) -- NEW ORLEANS —An excess insurer argues in an Oct. 12 brief filed in the Fifth Circuit U.S. Court of Appeals that a Texas federal judge incorrectly determined that excess policies are triggered by mere exposure to asbestos and said that evidence of actual injury caused by asbestos is necessary to trigger the excess policies (Longhorn Gasket and Supply Co., et al. v. U.S. Fire Insurance Co., No. 15-41625, 5th Cir.).