By North Carolina Judicial Branch
Radiator Specialty Co. v. Arrowood Indem. Co.
Declaratory judgment action by insured to determine extent to which various insurers are responsible for defense costs and indemnification for hundreds of product-liability claims based on the insurance policy provisions. Coverage under the policies is triggered when the claimant is exposed to the defective product, allocation of costs and damages should be pro rata among multiple insurers, and vertical exhaustion applies to coverage under excess policies.
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Summary
Declaratory judgment action by insured to determine extent to which various insurers are responsible for defense costs and indemnification for hundreds of product-liability claims based on the insurance policy provisions. Coverage under the policies is triggered when the claimant is exposed to the defective product, allocation of costs and damages should be pro rata among multiple insurers, and vertical exhaustion applies to coverage under excess policies.