Asbestos Coverage Action Barred by Claim Preclusion, 8th Cir. Affirms

ST. LOUIS — An insurer’s lawsuit seeking a declaration that it no longer has a duty to defend Nooter LLC in asbestos personal injury litigation is barred by claim preclusion because the relief the insurer seeks arises from the same contracts and transactions involved in the underlying state court litigation, a federal appellate court has affirmed.

In a Feb. 24 opinion, the 8th Circuit U.S. Court of Appeals agreed with a Missouri federal court that the state’s prohibition on claim splitting applies to Evanston Insurance Co.’s action.

Nooter has designed, installed, and distributed pressure vessels for refineries and chemical plants …