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外文期刊>Journal of Products Toxics Liability
>Allocation of Defense Costs When There are Uninsured Periods: Yet Another Confusing Aspect of Asbestos and Other Insidious Disease Litigation
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Allocation of Defense Costs When There are Uninsured Periods: Yet Another Confusing Aspect of Asbestos and Other Insidious Disease Litigation
When there are uninsured and insured years addressed in a suit for delayed manifestation injuries, the entire cost of defense should be borne by the insurers regardless of the controlling indemnification trigger theory. As shown, both the broad duty to indemnify and the case law supports such a result. Moreover, if there is still any doubt or ambiguity regarding this solution to the defense cost issue, the lack of clarity should be decided against the insurance company. It is a common concept of insurance policy interpretation that ambiguities are to be liberally construed in favor of the insured.
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