CA1: old insurance policy not pro-rated
OneBeacon Insurance v. Georgia-Pacific, No. 06-1993. This is an insurance case, which dates back to 1967, when Employers Surplus Lines Insurance Company ("Employers") issued a comprehensive general liability ("CGL") policy to Georgia-Pacific Corporation. The policy “...provided for a $10 million annual aggregate limit of liability as well as a $10 million per occurrence limit.” But, three months after the policy was issued, Georgia Pacific cancelled it and went with a new policy from a different company. Flash forward to the present where, suddenly, a material which people thought was wonderful, asbestos, is causing all sorts of mischief. Georgia-Pacific presented OneBeacon Insurance Company, the successor to Employers, with $10 million of asbestos product-liability losses allegedly covered by the Employers policy. In court Onebeacon argued that since the policy was only in effect for 3 months, its liability should be limited to 2.5 million. The District Court found that agreement didn’t contemplate proration of the annual limit. The First looks at the language and agrees.
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