New York Court of Appeals
Frontier Insulation Contractors, Inc., Appellant v. Merchants Mutual Insurance Company, Respondents…
December 22, 199791 N.Y.2d 169
Summary
The New York Court of Appeals held that the product‑hazards exclusions in the insurers' policies do not relieve them of the duty to defend Frontier Insulation Contractors in the underlying asbestos personal‑injury actions because the insurers failed to show that the complaints fall wholly within the exclusions. The Court modified the Appellate Division's order, affirmed the decision, and remanded the case for further consideration of remaining issues.