Insureds Say Appeal Of Allocation Ruling In Asbestos Suit Is Warranted

(October 28, 2019, 9:31 AM EDT) -- NEW YORK — An interlocutory appeal of a New York federal judge’s pro rata, time-on-the-risk ruling in favor of an insurer is warranted because the ruling is contrary to well-established New York law on the allocation of defense costs, insureds seeking coverage for costs incurred for underlying asbestos and silica bodily injury lawsuits say in an Oct. 24 motion for certification for interlocutory appeal (Danaher Corp. v. Travelers Indemnity Co., et al., No. 10-0121, S.D. N.Y.)....