Summary
applying continuous-type trigger based on the fact that "[p]laintiff's complaint asserts that [the insured's] products were defective from the time of installation and that they released, or threatened to release, asbestos fibers into the buildings through a gradual process of deterioration, as well as through routine maintenance activities and other disturbances" and that this occurred until the products were removed or contained
Summary of this case from U.S. Gypsum Co. v. Admiral Insurance Co.Opinion
No. 86-1723.
February 28, 1990.
Malcolm Dade, Dallas, Tex., for FW/PBS.
Arthur M. Schwartz, Denver, Colo., for FW/PBS, et al.
Frank P. Hernandez, Dallas, Tex., for Calvin Berry, III, et al.
Richard L. Wilson, Orlando, Fla., for Tamers, et al.
David LaBrec, Office of the City Atty., Vol Villasana, Mark O'Briant, Tom Brandt, Dallas, Tex., for defendants-appellees.
Bruce A. Taylor, Phoenix, Ariz., for amicus — Citizens for Decency Through Law, Inc.
Appeals from the United States District Court for the Northern District of Texas; Jerry Buchmeyer, Judge.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATESBefore THORNBERRY, GARWOOD and HIGGINBOTHAM, Circuit Judges.
Our decision affirming the district court has been affirmed in part, reversed in part, and vacated in part by the United States Supreme Court and remanded to this court. ___ U.S. ___, 110 S.Ct. 596, 107 L.Ed.2d 603. We remand the case to the district court for further proceedings consistent with the ruling of the United States Supreme Court.