In a case of first impression, the Louisiana Supreme Court last week ruled that an insurance carrier did not have a duty to provide an employer with a complete defense to the industrial hearing loss claims of some 100 former employees, spanning six decades.
While there is a split among jurisdictions as to the amount of a carrier's liability for defense costs when an insured is hit with a lawsuit that spans the coverage periods for multiple insurers, the Louisiana Supreme Court said it would follow the majority view that a carrier bears only a pro rata share of liability.
The c...
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