Insurer’s Policies Triggered Under Ohio’s Continuous Trigger Theory, Judge Says

(July 9, 2019, 10:45 AM EDT) -- CHICAGO — After determining that Ohio law, rather than Illinois law, applies to a pro rata cost-sharing arrangement between insurers that settled underlying asbestos claims on behalf of a mutual insured, an Illinois federal judge on July 1 said an insurer cannot recoup the costs it paid to settle one of the underlying lawsuits because under Ohio’s continuous trigger theory, the insurer’s policies were triggered (National Surety Corp. v. Bedivere Insurance Co., No. 17-3455, N.D. Ill., 2019 U.S. Dist. LEXIS 109386)....