Excess Insurer Raised Triable Issue On Injury-In-Fact In Asbestos Coverage Suit

Mealey's (October 12, 2020, 12:36 PM EDT) -- ROCHESTER, N.Y. — A New York Appellate panel on Oct. 9 determined that a trial court erred in finding that an injury-in-fact in an asbestos action occurs from the date of first claimed exposure through death or the filing of suit because the excess insurer raised a triable issue of fact in opposition to the insureds’ argument (Carrier Corp., et al. v. Allstate Indemnity Co., No. 396 CA 18-02292, N.Y. Sup. App Div., 4th Dept., 2020 N.Y. App. Div. LEXIS 5833)....