Porter v. American Optical Corp.

COLEMAN, Circuit Judge.

The gravity of this case for the parties concerned, including the novelty of the issues presented with reference to insurance coverage, has inspired prolonged consideration and reconsideration, to the end that an appropriate disposition might be made.

I. The Nature of the Litigation

This diversity action was originally brought by Charles J. Porter, now deceased, *1131for damages resulting from asbestosis contracted while he was an employee of the National Gypsum Company in New Orleans and while Porter was supposed to have had the protection of respirator and filter apparatus…