In Keene Corp. v. Insurance Co. of North America, the United States Court of Appeals for the District of Columbia integrated those approaches, holding that insurance coverage is triggered both by exposure to asbestos and by development and manifestation of a related disease. Each insurer covering any period during this process is liable for indemnification of the manufacturer and for defense costs. This liability is limited, however, to policy coverage, and many be reduced by the policy's other-insurance clause. The court also held that the manufacturer is not proportionately liable for the periods during which it was uninsured. Thus, the manufacturer's payments to plaintiffs will begin only after the insurance funds run out.
Rebecca C. Earnest,
Insurance Law and Asbestosis—When Is Coverage of a Progressive Diease Triggered?—Keene Corporation v. Insurance Company of North America, 667 F.2d 1034 (D.C. Cir. 1981), cert. denied, 102 S. Ct. 1644 (1982),
58 Wash. L. Rev.
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