N.C. Court Rejects Radiator Specialty’s Appeal in Insurance Coverage Dispute Involving Asbestos, Benzene Claims

RALEIGH, N.C. –– A North Carolina appellate court has affirmed a judgment in favor of several insurance companies, rejecting Radiator Specialty’s assertion that the lower court was correct in applying an exposure theory of coverage instead of injury-in-fact.

In its Dec. 1 opinion, the North Carolina Court of Appeals did note that it took judicial notice of the “innumerable” asbestos and benzene cases pending in the state and it recognized “how difficult it is to ascribe a ‘date certain’ or ‘single event’ to such harm.”

Radiator Specialty Company filed the underlying declaratory action against a number of insurance company, contending …