Opinion
10-18-2017
R.T. VANDERBILT COMPANY, INC. v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, et al.
Kathleen D. Monnes, Erick M. Sandler and John W. Cerreta, in support of the petition. Michael R. McPherson, R. Cornelius Danaher, Jr., Lorraine M. Armenti, pro hac vice, and Shayne W. Spencer, pro hac vice, in opposition.
Kathleen D. Monnes, Erick M. Sandler and John W. Cerreta, in support of the petition.
Michael R. McPherson, R. Cornelius Danaher, Jr., Lorraine M. Armenti, pro hac vice, and Shayne W. Spencer, pro hac vice, in opposition.
The petition by the defendants St. Paul Fire and Marine Insurance Company and Travelers Casualty and Surety Company for certification to appeal from the Appellate Court, 171 Conn.App. 61, 156 A.3d 539 (2017), is granted, limited to the following questions:
"1. Did the Appellate Court properly affirm the trial court's adoption of a ‘continuous trigger’ theory of coverage for asbestos related disease claims as a matter of law and the trial court's related preclusion of expert testimony on current medical science regarding the actual timing of bodily injury from such disease?
"2. Did the Appellate Court properly affirm the trial court's adoption of an ‘unavailability of insurance’ exception to the ‘time on the risk’ rule of contract law, which provides for pro rata allocation of defense costs and indemnity for asbestos related disease claims?"
McDONALD, J., did not participate in the consideration of or decision on this petition.