Which claimants’ exposure to asbestos occurred during business operations and which claimants’ exposure occurred afterwards? The answer to this question may determine if the policyholder’s insurers owe tens of millions, hundreds of millions, or billions of dollars.
If a claim is determined to be a “products” claim such that exposure did not occur during the policyholder’s contracting operations, then insurance recoveries will be subject to the explicit aggregate limit specified in each insurance policy’s products and completed operations exclusion clause. In contrast, if the claimant was exposed during the policyholder’s operations, then the claim may fall outside this exclusion clause (a “nonproducts” claim), and the amount of insurance recovery may not be subject to an aggregate limit.
Our experts from Bates White and Environ will demonstrate that for the typical policyholder with contracting activities, a minority of its claimants were exposed while contracting activities were ongoing; the majority of claimants were exposed long after the contracting activities were completed. They will provide concrete examples.
CLE accreditation of this program is currently pending.