Shook & Fletcher Asbestos Settlement Trust v. Safety National Casualty Corp.

909 A.2d 125, 2006 Del. LEXIS 503, 2006 WL 2787177
CourtSupreme Court of Delaware
DecidedSeptember 26, 2006
DocketNo. 532, 2005
StatusPublished
Cited by11 cases

This text of 909 A.2d 125 (Shook & Fletcher Asbestos Settlement Trust v. Safety National Casualty Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shook & Fletcher Asbestos Settlement Trust v. Safety National Casualty Corp., 909 A.2d 125, 2006 Del. LEXIS 503, 2006 WL 2787177 (Del. 2006).

Opinion

■ RIDGELY, Justice:

Plaintiff-Appellant Shook & Fletcher Asbestos Settlement Trust has brought this action for declaratory judgment to determine insurance coverage for asbestos claims under policies issued by Defendant Appellee Safety National Casualty Corporation. The claims have been made against Shook’s predecessor, Shook & Fletcher Insulation Company. The matter is before us on interlocutory appeal of partial summary judgment granted by the Superior Court on choice of law, specifically whether the continuous trigger rule or exposure trigger rule applies under the law of Alabama. A “continuous trigger” rule allows recovery from a policy that was in effect any time from first exposure to asbestos until death. An “exposure trigger” rule allows recovery only from a policy that was in effect during some exposure to asbestos. The Superior Court determined that the exposure trigger rule applied under Alabama law.

Shook & Fletcher claims the Superior Court erred because it did not expressly consider how the Alabama Supreme Court would decide the issue, and because it improperly relied upon decisions of an Alabama trial court and the United States Court of Appeals for the Eleventh Circuit. Our review is de novo. We conclude that the Alabama Supreme Court would likely apply the exposure trigger rule. Accordingly, we affirm.

I.

We reiterate the background of this litigation as stated by the Superior Court.1

[Plaintiff] is a thermal insulation contractor and distributor. Since its establishment in 1949, [Plaintiffs] principal place of business has been Birmingham, [127]*127Alabama. Beginning in 1976, [Plaintiff] received claims for injuries and diseases relating to exposure to asbestos it installed or distributed.
In 1985, [Plaintiff] entered into an agreement with other asbestos claim defendants and some of their insurers. The purpose of this [agreement] was to jointly handle and defend asbestos cases. A claims facility was established to defend the claims.
In 1993, [Plaintiff], together with 19 other asbestos manufacturers and distributors, filed a class action complaint in the Federal District Court for the Eastern District of Pennsylvania in an attempt to settle asbestos claims. Insurers, including [Plaintiffs] insurers, were joined as third-party defendants. The United States Court of Appeals for the Third Circuit reversed certification of the class, holding that the proposed class failed to meet the requisite requirements of typicality, adequacy of representation, predominance and superiority. [T]he United States Supreme Court rejected the class action settlement and no coverage determinations were made as to [Plaintiffs] insurers.
Also in 1993, [Defendant] filed suit against [Plaintiff] in Alabama state court seeking a declaration of no coverage. [Plaintiff] counterclaimed, alleging entitlement to coverage, and added as third-party defendants its seven other insurers who had not previously settled. The Alabama action was stayed until 1997, in favor of the federal action.
In 1999, after full briefing and argument, the Alabama court held that the “exposure coverage theory” would apply, instead of the “continuous trigger” or “triple trigger” theory. This ruling was not appealed.
Because one of [Defendant’s] policies contained an arbitration clause, the Alabama court ordered the parties to arbitrate that policy. The other two policies remained in suit. By a two-to-one decision, the arbitration panel applied an exposure trigger....
By April 11, 1999, [Plaintiff] had entered into settlement agreements with all of its remaining solvent insurers, with the sole exception of [Defendant]. On April 12, 1999, [Plaintiff] agreed to settle the Alabama state court action without prejudice. The Order of Stipulation on Dismissal stated that “nothing in this dismissal or Order shall constitute a prejudicial bar or adjudication on the merits ... and either party has the right to maintain a subsequent action with respect to any dispute between them, including but not limited to the issues presently addressed in this litigation ... the Parties reserve all rights and defenses.... ”
[Plaintiff] filed a lawsuit in the United States District Court for the Eastern District of Missouri, seeking to vacate the arbitration decision on the basis that the panel had exceeded its authority by ruling that the panel’s decision was binding. The District Court held that the panel had exceeded its authority under Section 10(a)(4) of the Federal Arbitration Act. The Eighth Circuit Court of Appeals affirmed, holding that [Defendant’s] policy “provided for mandatory but nonbinding arbitration.”

Plaintiff filed this action seeking to establish coverage for claims under three excess liability policies issued by the defendant insurer for policy years 1983 through 1985.2

[128]*128II.

Plaintiff claims that the Superior Court erroneously applied the rationale of an Alabama trial court rather than predict and analyze how the Alabama Supreme Court would rule. Plaintiff also contends that the Superior Court relied on nonbinding and non-persuasive authority to reach its decision. In Plaintiffs view, had the Superior Court properly analyzed the issue it would have determined that the Alabama Supreme Court would adopt a continuous trigger standard. Defendant disputes each of these claims and asserts collateral estoppel as an alternative basis for sustaining the Superior Court’s decision.

The parties do not contest any issues of fact. The issue is purely one of law, which we review de novo.3

A. Alabama Law Applies

To determine whether the law of Delaware, as the forum state, or the law of Alabama applies, the Superior Court first had to determine whether there was a conflict between the two states’ laws. Plaintiff argued to the Superior Court that because Alabama courts have not resolved the issue of which trigger to apply for asbestos insurance liability coverage, there was no conflict between Alabama and Delaware law.4 Therefore, the law of the forum state, i.e., the continuous trigger rule should apply.

The Alabama Supreme Court has not yet decided which rule applies in Alabama. The Superior Court relied on two decisions wherein an Alabama trial court and the United States Eleventh Circuit applying Alabama law concluded that the exposure trigger is the rule that controls in Alabama: Safety Nat’l. Cas. Co. v. Shook & Fletcher Insulation Co.5 (hereinafter the “Alabama decision”); and Commercial Union Ins. Co. v. Sepco Corp.6 (hereinafter “Sepco”).

Because there was “some” Alabama case law on the issue of which trigger applies, the Superior Court determined that Delaware and Alabama law do conflict. After applying the “most significant relationship” test,7 the Superior Court determined that Alabama law should apply in this case. This ruling that the law of Alabama applies to this case is not challenged in this appeal.

B. The exposure trigger likely applies under Alabama law.

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Bluebook (online)
909 A.2d 125, 2006 Del. LEXIS 503, 2006 WL 2787177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shook-fletcher-asbestos-settlement-trust-v-safety-national-casualty-del-2006.