Court Dismisses Declaratory Judgment Action by Asbestos Defendant

PHILADELPHIA -- A federal court dismissed a declaratory judgment action by Henkel Corp., ruling that the company could not seek defense and indemnity costs from its insurers because it has not been named as a defendant in the underlying asbestos actions. Henkel Corp. v. The Hartford Accident & Indemnity Co., et al., No. 05-1266 (E.D. Pa.).

In a Nov. 1 order, the U.S. District Court for the Eastern District of Pennsylvania rejected the asbestos defendant's argument that the reason the company was not named in the lawsuit was because the asbestos plaintiffs had mistakenly named the wrong company.

Henkel Corp. …