In re the Liquidation of Integrity Insurance

Judge CUFF

(temporarily assigned) delivered the opinion of the Court.

This appeal concerns excess comprehensive general liability insurance issued by a now-insolvent insurance company to a business that used asbestos in many products it designed, manufactured, and distributed and to a subsidiary corporation that mined the fiber. The insureds sought bankruptcy protection in 1990 and, in 1991, commenced a declaratory judgment action seeking coverage from the many insurers that had issued layers of insurance over the years. Relevant to this appeal, a bankruptcy judge found that the insured…