Missouri Pacific Railroad v. American Home Assurance Co.

Plaintiff, Missouri Pacific Railroad Company (Missouri Pacific), appeals from the trial court’s order granting partial summary judgment. The trial court determined as a matter of law that as of February 27, 1973, Missouri Pacific was aware of the substantial likelihood that its employees would file numerous claims for noise-induced hearing loss (NIHL). Consequently, the trial court held under the "known loss” doctrine that the defendant insurance companies (insurers) were not legally obligated to pay Missouri Pacific’s losses arising from any NIHL claims occurring after February 27, 1973. We…