William A. Scarborough v. Travelers Insurance Co., and Land & Marine Applicators, Inc. v. Insurance Company of North America, Third-Party

GARWOOD, Circuit Judge:

This is an appeal from a summary judgment dismissing appellant’s cross-claim against its primary and two excess insurers, upholding the insurers’ denial of coverage of a Jones Act claim, based on occupational disease, successfully maintained in the main suit below against appellant by one of appellant’s former employees. The principal questions before us are (1) whether an exclusion provision in the primary insurer’s policy, requiring that a claim, based on an occupational disease, must be asserted against the insured no later than thirty-six months after the end of the…