Federal-Mogul U.S. Asbestos Personal Injury Trust v. Continental Casualty Co., No. 10-1290 (6th Cir. 2011)
Annotate this CaseThe trust was created by the Chapter 11 bankruptcy plan of a corporation that, from 1965 to 1981, manufactured and sold automotive products containing asbestos. Numerous suits were filed concerning those products. Coverage through one primary insurer has been exhausted; two primary insurers are defending. The trust holds an umbrella insurance policy issued by defendant, which contends that it is not required to defend the claims. The district court agreed and dismissed the trust's complaint. The Sixth Circuit affirmed. Although the umbrella policy schedule of primary carriers only lists the policy that has been exhausted, the umbrella policy applies, by its unambiguous terms, the umbrella policy applies only where an occurrence is not covered by the underlying insurance listed in the schedule, "or any other underlying insurance collectible by the insured."
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