Fibreboard Corp. v. Hartford Accident & Indemnity Co.

This appeal involves matters of insurance coverage for numerous asbestos-in-building claims asserted against appellant Fibreboard Corporation (Fibreboard). We are asked to decide three issues: (1) whether causes of action based on collective liability, in which a given defendant need not have supplied the harmful product, come within the policies’ “products hazard” coverage; (2) whether such causes fall within the general operations coverage; and (3) whether the personal injury coverage applies to certain other claims alleging interference with property rights and related matters.

We conclude that all the underlying claims, if covered at all, are embraced within the “products hazard” coverage, which has either been exhausted or rendered inapplicable by means of an asbestos exclusion. Further, the general operations and personal injury provisions do not apply to the underlying claims. Accordingly, we affirm the judgment in its entirety.

I. Background

A. Litigation Background

From 1928 until 1972 Fibreboard manufactured and sold products containing the mineral asbestos. During the past decade more than 150 claims have been asserted against Fibreboard and other…