North Carolina Supreme Court Weighs in on Benzene Insurance Coverage Dispute, Finds Vertical Exhaustion Applies

RALEIGH, N.C. –– The North Carolina Supreme Court has weighed in on a coverage dispute between Radiator Specialty Co. and its insurance companies over underlying benzene liabilities, ruling that a lower court erred in applying horizontal exhaustion.

In a 56-page opinion issued Dec. 16, North Carolina’s highest court also found that the trial court properly applied pro rata allocation based on the policies at issue.

Radiator Specialty Company is a manufacturer of automotive, hardware, and plumbing products, including cleaners, degreasers, and lubricants. The company has been named in hundreds of personal injury lawsuits contending the company wrongfully exposed workers …