[Download] "State Minnesota v. Mark L. Hatton" by Court of Appeals of Minnesota # Book PDF Kindle ePub Free

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eBook details

• Title: State Minnesota v. Mark L. Hatton
• Author : Court of Appeals of Minnesota
• Release Date : January 10, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

This appeal stems from a declaratory judgment action brought by several of 3Ms high-level, excess-layer, occurrence-based policy insurers. These insurers sought to clarify their coverage obligations in 3Ms ongoing silicone gel breast implant mass tort litigation. The insurance policies at issue were in place from 1977 to 1985 and covered claims arising from injuries occurring during that time period. The implant claims for which 3M sought reimbursement were brought in the early 1990s, but were based largely on implantations that occurred during the policy periods, which implants allegedly caused various systemic autoimmune diseases. The Ramsey County District Court determined that the actual-injury trigger, for purposes of determining coverage liability, began at or around the time of implantation when silicone first leaked and came in contact with body tissue stimulating the immune system. The court found that the injury continued after implantation. The court then determined that 3Ms losses should be allocated pro rata by time on the risk for the period from implantation through December 31, 1985, the end of the time period during which the policies were in place. The court also concluded that the insurers had breached their implied covenant of good faith and fair dealing and that 3M was entitled to reasonable attorney fees and costs as a result.

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