Pro Rata Time-On-The-Risk Allocation Method Applies In Benzene Coverage Suit

Mealey's (January 29, 2016, 2:15 PM EST) -- CHARLOTTE, N.C. — A pro rata time-on-the-risk allocation method applies to any defense and indemnity payments made to an insured seeking coverage for numerous underlying asbestos and benzene bodily injury claims, a North Carolina judge determined Jan. 28 (Radiator Specialty Co. v. Fireman’s Fund Insurance Co., et al., No. 13-2271, N.C. Super., Mecklenburg Co.).

(Orders available. Document #03-160203-006R.)

Radiator Specialty Co. (RSC) filed suit in the Mecklenburg County, N.C. Superior Court against a number of its insurers, seeking a coverage declaration regarding underlying benzene and asbestos...
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