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Star Steel Supply Company v. United States

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eBook details

  • Title: Star Steel Supply Company v. United States
  • Author : Court of Appeals of Michigan
  • Release Date : January 08, 1990
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

In this consolidated appeal, plaintiff Star Steel Supply Company appeals as of right a Wayne Circuit Court order granting summary Disposition pursuant to MCR 2.116(C)(10) to defendant United States Fidelity and Guaranty Company (Docket No. 107774), and third-party defendants Home Insurance Company and Continental Casualty Company appeal the dismissal of their counterclaim against third-party plaintiff United States Fidelity and Guaranty Company (Docket No. 110118). The trial court held that neither it nor any trier of fact could determine the kind and amount of insurance coverage provided by defendant to plaintiff between 1938 and 1962. We affirm. On January 2, 1986, Star Steel filed its complaint against USF&G for declaratory relief. Star Steel alleged that since 1920 it had been continuously engaged in the sale and distribution of construction products and materials, some of which may have contained asbestos. Star Steel had been joined as a party defendant in four asbestos-related personal injury actions in the Wayne Circuit Court. Star Steel was insured by Home Insurance Company from 1973 to the present, by Continental Casualty from 1963 to 1973, and by USF&G from 1938 to 1963. Home Insurance and Continental Casualty assumed Star Steel's defense pursuant to their policies for each insurer's respective pro rata share of exposure, but USF&G had refused. Star Steel further alleged that it had been unable to locate copies of its policy with USF&G.


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