In John Crane, Inc. v. Admiral Ins. Co, No. 093240 (Ill. App. Ct., March 5, 2013) (First District), the Illinois Appellate Court held that under Illinois law: (1) an insured must horizontally exhaust all primary coverage before the excess coverage is implicated, (2) excess insurers have standing to challenge agreements between the policyholder and the primary insurers if the excess insurers’ rights are impacted; (3) insurers are jointly and severally liable for all policies triggered by the underlying asbestos claims; (4) the “triple trigger” theory requires a policyholder to establish the exposure, sickness or disease occurred during the policy period;  and (5) “bodily injury” occurs at the time of exposure. 

Last update: 14-03-2013 13:53