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MARYLAND CAS. CO. v. W.R. GRACE AND CO.

Nos. 96-9346L, 96-9348CON, 97-7214.

128 F.3d 794 (1997)

MARYLAND CASUALTY COMPANY, Plaintiff, v. W.R. GRACE AND CO., Defendant-Appellee, v. GERLING-KONZERN ALLGEMEINE VERSICHERUNGS-AKTIENGE-SELLSCHAFT; Highlands Insurance Company; and Home Insurance Company, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

As Amended November 18, 1997.

Attorney(s) appearing for the Case

Harry Lee, Wash., DC (Roger E. Warin, Steptoe & Johnson, Wash., DC; Jay Lenci, Oppenheimer, Wolff & Donnelly, New York City, on brief), for Home Insurance Co.

Patrick J. Dwyer, New York City (Polstein, Ferrara & Dwyer, New York City, on brief), for Highlands Insurance Co.

R. Nicholas Gimbel, Philadelphia, PA (Richard M. Bernstein, Kevin J. Kotch, Hoyle, Morris & Kerr, Philadephia, PA, on brief), for W.R. Grace and Co.

(Anders Enemark, Standard Weisberg, New York City, submitted papers for Gerling-Konzern Allgemeine Versicherungs-Aktiengesellschaft.)

Before: WINTER, Chief Judge, NEWMAN and CARDAMONE, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

These consolidated interlocutory appeals concerning insurance for asbestos property damage claims present two issues: (1) whether the insured gave timely notice to its excess insurers, and (2) whether the insured's statistical evidence of the probability that asbestos installations occurred within the insurers' policy periods sufficed to defeat the insurers' motion for partial summary judgment based on the absence of evidence of precise...

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