Montana Prevails Over Insurer In Appeal Of $98M Award For Libby Asbestos Claims

Mealey's (November 29, 2021, 4:03 PM EST) -- HELENA, Mont. — An insurer breached it duty to defend when it offered Montana coverage on a pro rata basis for claims stemming from the state’s failure to warn about the dangers of asbestos the Libby, Mont., vermiculite mine and again when it unduly delayed in seeking a judicial declaration and is estopped from raising policy defenses in those instances, a divided Montana Supreme Court said Nov. 23 in largely affirming an almost $100 million judgment....