Anyone who deals with insurance coverage in PA (particularly asbestos or latent disease coverage) really should read the recently published case of Asten Johnson v. Columbia Casualty Co., Civil Action No. 03-1552 E.D. Pa., March 30, 2007), which was decided by Judge Stengel of the Eastern District of PA. The decision strikes a blow against the contra proferentem rule. Randy J. Maniloff and Jennifer Wojciechowski have an interesting view of the case, which you can read on The Legal Intelligencer's site.
Additionally, the case covers topics of agent v. broker, course of performance, reformation, asbestosis exclusions, consent to settle clauses, and even the wise old equitable doctrine of laches.
It may take some time to get through this one. The published version of the case is nearly 60 pages long, while the linked version is over 120. Enjoy!
Additionally, the case covers topics of agent v. broker, course of performance, reformation, asbestosis exclusions, consent to settle clauses, and even the wise old equitable doctrine of laches.
It may take some time to get through this one. The published version of the case is nearly 60 pages long, while the linked version is over 120. Enjoy!
