Larry D. Mason, a partner in Goldberg Segalla’s Global Insurance Services and Environmental Law practice groups, spoke with Law360 regarding a suit against an insurance company from a policyholder shipping company. The policyholder looked for coverage of a settlement involving asbestos-related injuries.  

Secondary sources were used by the insurer to substantiate the coverage and terms of their missing policy, but inconsistencies across the evidence and an inability to provide what was covered in the missing policy led to a ruling in favor of the insurer.  

“An important lesson to be learned from this decision is that an entity seeking coverage must present a direct connection between their secondary evidence and the missing policy issued by the insurer,” Larry said. “In this case, the Second Circuit correctly identified that there were many inconsistencies presented by [the policyholder] that failed to shed light on what material terms were actually included in the alleged policy.” 

READ THE FULL ARTICLE HERE: 

“2nd Circ. Seals Insurer’s Win In $4.6M Asbestos Dispute,” Law360, January 30, 2023 

MORE ABOUT GOLDBERG SEGALLA’S LARRY D. MASON: 

Larry D. Mason is a renowned trial and appellate litigator and counselor to many national and international businesses across diverse industries. Based in Chicago but with experience litigating and counseling clients through complicated and high-profile matters across the country and internationally, he dedicates most of his practice to insurance coverage, reinsurance, commercial litigation, environmental and toxic torts, and complex insurance regulatory matters. He also focuses on professional liability for clients in insurance, environmental, construction, and related industries; products liability; and identifying emerging risks. He brings his extensive experience to leadership positions in the firm, where he is chair of the Environmental and Mass Torts Coverage, First-Party Property, and Construction Coverage subgroups.