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A.W. CHESTERTON COMPANY v. MASSACHUSETTS INSURERS INSOLVENCY FUND

445 Mass. 502 (2005)

A.W. CHESTERTON COMPANY v. MASSACHUSETTS INSURERS INSOLVENCY FUND.

Supreme Court of Judicial Massachusetts, Middlesex.

December 12, 2005.

Attorney(s) appearing for the Case

Martin F. Gaynor, III (Nicholas D. Stellakis with him) for the plaintiff.

Joseph C. Tanski & Gregory P. Deschenes (Gregg A. Rubenstein & Christine Vargas Suthoff with them) for the defendant.

The following submitted briefs for amici curiae:

Laura A. Foggan & Alicia C. Ritter, of the District of Columbia, & Michael R. Coppock for Complex Insurance Claims Litigation Association.

David L. Elkind, Elizabeth A. Sherwin, & John A. Gibbons, of New York, Martin C. Pentz, Karen L. Crocker, Michael P. Angelini, & Vincent F. O'Rourke, Jr., for Massachusetts Electric Company & another.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, & Cordy, JJ.

GREANEY, J.

This case (here on direct appellate review) concerns the liability of the Massachusetts Insurers Insolvency Fund (Fund) on excess indemnity policies issued by Midland Insurance Company (Midland) to A.W. Chesterton Company (Chesterton) covering asbestos-related liability claims involving Chesterton products. Although other insurers were involved in the case, the only parties to this appeal are Chesterton and the...

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