Asbestos Trust Can Pursue Full Limits Under Insolvent Insurer’s Policies, Panel Says

(April 19, 2019, 1:45 PM EDT) -- NEW YORK — An asbestos personal injury settlement trust can pursue the full limits of excess policies issued by an insolvent insurer, the First Department New York Supreme Court Appellate Division affirmed April 18 because the coverage dispute is governed by the “all sums” method of allocation (In re liquidation of Midland Insurance Co.; The ASARCO Asbestos Personal Injury Settlement Trust v. Superintendent of Financial Services of the State of New York, No. 41294/86, N.Y. Sup., App. Div., 1st Dept., 2019 N.Y. App. Div. LEXIS 2952)....