Supreme Court of North Carolina

Radiator Specialty Co. v. Arrowood Indem. Co.

December 16, 2022

Summary

The Court held that benzene-related insurance coverage is triggered when claimants are exposed to benzene, because the exposure constitutes the bodily injury caused by the occurrence rather than merely a precursor to later disease. It further held that defense and indemnity costs must be allocated pro rata according to each insurer's time on the risk, and that vertical exhaustion governs the excess insurer's duty to defend. The Court affirmed in part, reversed in part, and remanded for further proceedings consistent with those holdings.