Plant Insulation Co. v. Fibreboard Corp.

Plaintiff and appellant Plant Insulation Company appeals an order dismissing its breach of contract and indemnity action against defendant and respondent Fibreboard Corporation with respect to numerous pending actions in which appellant and respondent are named defendants by plaintiffs alleging personal injuries and wrongful death resulting from exposure to asbestos. Appellant contends the court misapplied the doctrine of exclusive concurrent jurisdiction.

Facts and Procedural History

Appellant is an industrial insulation contractor and installer and distributor of respondent’s and other manufacturers’ insulation products. In certain areas of California and Nevada it has been the exclusive distributor since 1948 of asbestos products manufactured by respondent. Since the 1970’s, asbestos claimants have sued appellant and respondent in approximately 4,000 suits alleging bodily injury and death from asbestos exposure. In 1983 appellant, respondent and respondent’s liability insurer executed an agreement in which the insurer agreed to defend and indemnify appellant in all asbestos cases covered by the insurer in which both appellant and respondent were named as defendants,…