Hercules Inc. v. OneBeacon America Insurance

OPINION

DEL PESCO, J.

The issue in these cross-motions for Summary Judgment is whether Hercules Incorporated (“Hercules”) must satisfy a self-insured retention or deductibles in addition to exhausting the underlying products liability coverage before the North River Insurance Company’s (“North River”) excess insurance policies apply to claims for injuries resulting from asbestos.

Facts

Haveg, a party to this litigation, is a wholly-owned subsidiary of Hercules. Hercules purchased primary Comprehensive General Liability policies from Aetna Casualty and Surety Company (“Aetna”) as scheduled…