Elliott Co. v. Liberty Mutual Insurance
District Court, N.D. Ohio
1Opinion of the Court
Memorandum of Opinion and Order
GAUGHAN, District Judge.
INTRODUCTION
Plaintiff Elliott Company (“Elliott”) and Defendant/Third Party Plaintiff Liberty Mutual Insurance Company (“Liberty”) have filed cross-motions for partial summary judgment. 1 (Doc. 37; Doc. 38). This case arises out of Liberty’s refusal to cover asbestos-related claims of Elliott. For the following reasons, the parties’ cross-motions are GRANTED IN PART AND DENIED IN PART.
FACTS
At issue is insurance coverage for Elliott’s asbestos-related claims for two periods — 1957-1963 and 1980-1986. Although the fundamental character of…
2Cases cited32 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Leo LaPOINTE, Plaintiff-Appellant, v. UNITED AUTOWORKERS LOCAL 600, and Doug Thompson, Defendants-AppelleesCourt of Appeals for the Sixth Circuit · 1993
- Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriter's at Lloyd's of London. Certain Underwriters at Lloyd's, London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies", ( Pursuant to Rule 12(a), f.r.a.p.) in No. 95-3432. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriters's at Lloyd's of London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies." ( Pursuant to Rule 12(a), f.r.a.p.) Koppers Company, Inc., in No. 95-3461Court of Appeals for the Third Circuit · 1996
- Brownell Combs, Ii, Administrator C.T.A. Of the Estate of Leslie Combs, Ii, Deceased v. International Insurance CompanyCourt of Appeals for the Sixth Circuit · 2004
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- Qualcomm, Inc. v. Certain Underwriters at Lloyd's, LondonCalifornia Court of Appeal · 2008
- Givaudan Fragrances Corporation v. Aetna Casualty & Surety Company(076523)Supreme Court of New Jersey · 2017
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