Legal Opinion
International Business Machines Corp. v. Liberty Mutual Insurance
Court of Appeals for the Second Circuit
Decided March 19, 2004No. Docket No. 03-7237PublishedCited by 2 opinions
1Opinion of the Court
JACOBS, Circuit Judge.
At issue on this appeal is the duty , of defendants-appellants Liberty Mutual Insurance Company and Liberty Mutual Fire Insurance Company (together, “Liberty Mutual”) to defend International Business Machines (“IBM”) in toxic tort suits commenced by IBM employees who allege that they contracted cancer by working in IBM’s California “eleanroom” facilities. After the California court dismissed some of the claims and Liberty Mutual disclaimed coverage for intentional torts, Liberty Mutual terminated its ongoing defense of IBM on the ground that all the claims remaining were…
2Cases cited30 opinions
- Gray v. Zurich Insurance Co.California Supreme Court · 1966
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- Buss v. Superior CourtCalifornia Supreme Court · 1997
- Continental Casualty Co. v. Rapid-American Corp.New York Court of Appeals · 1993
- Horace Mann Ins. Co. v. Barbara B.California Supreme Court · 1993
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3Cited by2 opinions
- Johnson v. Priceline.com, Inc.Court of Appeals for the Second Circuit · 2013
- International Business Machines Corporation v. Liberty Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 2004