Jenner & Block

Client Alert: Pro-Policyholder Talc-Related Asbestos Exposure Case Endorses Favorable Allocation Rule and Rejects Pollution Exclusion

This well-reasoned opinion from the Connecticut Appellate Court provides ample support for policyholders seeking coverage for asbestos-related long-tail liability claims under CGL policies to overcome certain coverage defenses common to these types of claims, including the allocation of risk for uninsured policy periods and the application of the pollution exclusion.  The opinion further serves as a comprehensive and educational overview of the existing cases, judicial rationales, and coverage positions taken by both policyholders and insurers in connection with the issues discussed in this article, and other issues, common to long-tail liability claims.