Port Authority v. Affiliated FM Insurance
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
The District Court held that unless asbestos in a building was of such quantity and condition as to make the structure unusable, the expense of correcting the situation was not within the scope of a first party insurance policy covering “physical loss or damage.” We agree and will affirm.
Plaintiffs, the Port Authority of New York and New Jersey and its subsidiary, the Port Authority Trans-Hudson Corporation, own numerous facilities in New York and New Jersey that incorporated asbestos products in their construction. Alleging asbestos contamination,…
2Cases cited23 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- United States Fidelity & Guaranty Co. v. Wilkin Insulation Co.Illinois Supreme Court · 1991
- Alvaro Quiroga v. Hasbro, Inc. And Playskool Baby, IncCourt of Appeals for the Third Circuit · 1991
- Childers v. JosephCourt of Appeals for the Third Circuit · 1988
- 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
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3Cited by29 opinions
- Appalachian Insurance Company v. Affiliated Fm Insurance CompanyCourt of Appeals for the D.C. Circuit · 2002
- MarkWest Hydrocarbon, Inc. v. Liberty Mutual InsuranceCourt of Appeals for the Tenth Circuit · 2009
- TRAVCO Insurance v. WardDistrict Court, E.D. Virginia · 2010
- Corliss v. VarnerCourt of Appeals for the Third Circuit · 2007
- Wakefern Food Corp. v. Liberty Mut. Ins.New Jersey Superior Court Appellate Division · 2010
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