Rossello v. Zurich American Insurance Co.Annotate this Case
In this case brought against an insurer in Plaintiff's attempt to collect on a judgment in his favor in a strict liability and negligent failure to warn action, the Court of Appeals held that damages from a continuous bodily injury judgment must be allocated on a pro rata, time-on-the-risk basis across all insured and insurable periods triggered by Plaintiff's injuries.
Almost forty years after exposure to asbestos at his place of work, Plaintiff was diagnosed with mesothelioma. Plaintiff won a nearly $2.7 million judgment against the asbestos installer. Plaintiff then initiated garnishment proceedings against Defendant as insurer of the asbestos installer. At issue before the circuit court was how to allocate loss among various trigger insurance policies because the installer was only insured by Defendant from 1974 to 1977 through four comprehensive general liability policies. The circuit court concluded that Plaintiff's damages must be allocated on a pro rata, time-on-the risk basis across all insured and insurable periods triggered by Plaintiff's injuries. The Supreme Court affirmed, holding that the circuit court properly applied the pro rata allocation approach rather than a joint-and-several approach that would have required the insurer to cover the entire judgment.