ZURN INDUSTRIES, LLC v. ALLSTATE INS. CO.

Nos. 21-3032 and 21-3119.

75 F.4th 321 (2023)

ZURN INDUSTRIES, LLC, v. ALLSTATE INSURANCE COMPANY, individually and as successor in interest to Northbrook Excess and Surplus Insurance Company (formerly Northbrook Insurance Company); Travelers Casualty & Surety Company, individually and as successor in interest to the Aetna Casualty and Surety Company formerly known as the Aetna Casualty and Surety Company; First State Insurance Company, a subsidiary of The Hartford Financial Services Group, Inc. doing business as Arrowhead Indemnity Company formerly known as Royal Indemnity; New England Insurance Company, a subsidiary of The Hartford Financial Services Group, Inc.; American Home Assurance Company; Granite State Insurance Company New England Insurance Company, a subsidiary of The Hartford Financial Services Group, Inc.; First State Insurance Company, a subsidiary of The Hartford Financial Services Group, Inc., Third Party Plaintiffs, v. Granite State Insurance Company; Lexington Insurance Company; American Home Assurance Company; Liberty Mutual Insurance Company, Third Party Defendants, American Home Assurance Company, Appellant in 21-3032, Zurn Industries, LLC. Appellant in 21-3119.

United States Court of Appeals, Third Circuit.

Filed: July 28, 2023.


Attorney(s) appearing for the Case

Robert L. Byer ARGUED, Thomas E. Sanchez , Duane Morris, 625 Liberty Avenue, Suite 1000, Pittsburgh, PA 15222, Gavin Fung , Liberty Mutual Insurance Company, 175 Berkley Street, Boston, MA 02117, Ralph J. Luongo , Kennedys CMK, 1600 Market Street, Suite 1410, Philadelphia, PA 19103, Counsel for Appellant American Home Assurance Co. in No. 21-3032 and Appellee Granite State Insurance Co. in No. 21-3119.

Patrick J. Murphy ARGUED, Quarles & Brady LLP, 411 East Wisconsin Avenue, Suite 2400, Milwaukee, WI 53202, Counsel for Appellant Zurn Industries, LLC in No. 21-3032.

Robert R. Anderson, III ARGUED, Christopher A. Johnson , Margaret Truesdale ARGUED, Hughes Socol Piers Resnick & Dyn, 70 W Madison Street, Suite 400, Chicago, IL 60602, Timothy R. Smith , Pion, Nerone, Girman, Winslow & Smith, 1500 One Gateway Center, Pittsburgh, PA 15222, Counsel for Appellee Allstate Insurance Co.

Myles D. Morrison ARGUED, James P. Ruggeri , Ruggeri Parks & Weinberg, 1875 K Street NW, Suite 600, Washington, DC 20006, Michael A. Shiner , Tucker Arensberg, One PPG Place, Suite 1500, Pittsburgh, PA 15222, Counsel for Appellee First State Insurance Co. and New England Insurance Co.

Before: PORTER, FREEMAN and FISHER, Circuit Judges.


OPINION OF THE COURT

Zurn Industries, LLC is a manufacturer of plumbing products and accessories. For over a decade, it has faced a litany of lawsuits in which claimants allege bodily injury or wrongful death caused by asbestos in its products. To cover litigation costs, Zurn used various insurance policies issued...

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