Victory for Steptoe Attorneys in Asbestos Injuries Case

In the Wallace & Gale bankruptcy and related coverage case, Steptoe attorneys developed the argument that asbestos injuries fall within the “products” or “completed operations“ liability hazard to the extent an asbestos plaintiff suffers “continuing injury” after his or her operational inhalation of asbestos fibers. In a case of first impression, the US Court of Appeals for the Fourth Circuit agreed with the insurers’ brief, principally written by Steptoe attorneys, and found that any “triggered” liability policy issued after cessation of the claimant’s operational exposure is capped by the aggregate limit generally applicable to a liability policy’s products/completed operations hazard. This decision has multibillion dollar industry ramifications for whether, and the manner in which, liability policies apply.