Policy Terms • Primary Coverage • Excess Insurance Endorsement

Seagrave Fire Apparatus, LLC v. CNA d/b/a Continental Casualty Co. et al, PICS Case No. 17-1147 (C.P. Philadelphia June 28, 2017) Djerassi, J. (8 pages).

The defendant insurer was obligated to provide a defense to plaintiff, a manufacturer of fire engines facing hundreds of firefighter claims of occupational noise-induced hearing loss, where the coverage provided was primary under the general provisions of the applicable policies rather than excess, as the insurer maintained. The court denied the defendant’s motion for summary judgment.

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