8th Circ. Revives HVAC Co.’s Bid For Asbestos Suit Coverage

Law360 (May 24, 2021, 9:08 PM EDT) – The Eighth Circuit revived an air conditioning company’s bid to get coverage from Continental Insurance Co. in asbestos litigation, where it was found that the omission of a single word by a district court resulted in a ruling requiring further consideration.

The appeals court ruled that a Minnesota district court falsely lifted Daikin Applied’s charge to prove it owed a defense from Continental, saying the judge omitted a lead descriptor in deciding whether the HVAC company had demonstrated that it has to be dealt with in about 100 asbestos cases.

In the underlying ruling, US District Judge Donovan W. Frank ruled that Continental was not …

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