Shook Scores Win for Insurer CNA

Shook, Hardy & Bacon secured a significant victory for client CNA on October 8, 2015 when an Illinois state judge rejected policyholders’ claims for additional asbestos bodily injury coverage.

Judge Peter Flynn of the Circuit Court of Cook County ruled that CNA had already exhausted the limits of its umbrella coverage for asbestos claims owed to BorgWarner Inc. successors York International and Flowserve Corp. The Illinois-based insurance company previously paid out $94.27 million in claims.

The lawsuit originated in 2004, when CNA filed suit against BorgWarner, York, Flowserve and other insurers, seeking declarations about its legal responsibilities to cover asbestos claims against the BorgWarner entities. This latest round in the litigation centered around efforts by York, Flowserve and excess insurers including TIG Insurance Co. and Hartford Insurance Co. to tack on another $94.33 million in liability to CNA’s policies.

Shook Partner Dave Schoenfeld led the defense for CNA. 

Law360 reported on the case in an October 13 article. The case is Continental Casualty Co. et al. v. BorgWarner Inc. et al.