FRANCE REFRACTORIES v. ALLSTATE INS.


372 Pa.Super. 575 (1988)

539 A.2d 1345

J.H. FRANCE REFRACTORIES CO. and the Van Brunt Company v. ALLSTATE INSURANCE COMPANY, PMA Insurance Company, St. Paul Insurance Company, U.S. Fire Insurance Company, Wausau Insurance Company, and Rockwood Insurance Company.

Supreme Court of Pennsylvania.

Filed April 6, 1988.


Attorney(s) appearing for the Case

Mark D. Turetsky, Norristown, for J.H. France Refractories, Co.

John C. Sullivan, Philadelphia, for Allstate Ins. Co.

Wayne A. Schaible, Philadelphia, for PMA Ins. Co.

Ralph L. Hose, Ardmore, for St. Paul Ins. Co.

John A. Luchsinger, for U.S. Fire Ins. Co.

William F. Sullivan, Jr., Philadelphia, for Wausau Ins. Co.

Mitchell S. Pinsly, Philadelphia, for Rockwood Ins. Co.

Before CIRILLO, President Judge, and CAVANAUGH, BROSKY, DEL SOLE, MONTEMURO, TAMILIA, KELLY, POPOVICH and JOHNSON, JJ.


JOHNSON, Judge:

J.H. France Refractories Company (France) manufactures a line of refractory products. Between 1956 and 1972 France used asbestos in one of its products called Franco-Therm. France also sold products containing silica beginning in 1924 and continuing to the time of this litigation. Van Brunt Company was a wholly owned subsidiary of France which achieved its current status as a division of J.H. France Refractories Company through a merger. Van Brunt...

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