Daniel Arceneaux, Louis Daverede, Jr., Vives Lemmon and Jules Menesses v. Amstar Corp., Amstar Sugar Corp., Tate and Lyle North American Sugars, Inc., and Domino Sugar Company

I iThis case concerns whether the duty to defend in long latency disease cases may be prorated, between insurer and insured when occurrence-based policies provide coverage for only a portion of the time during which exposure occurred. Continental Casualty Company (“Continental”) asserts that defense costs are to be prorated among insurers and the insured if there are periods of non-coverage. American Sugar Refining, Inc. (“American Sugar”) asserts that the duty to defend as agreed upon in the policy provides for a complete defense so long as the duty to defend attaches, even if some claims…