A safety products manufacturer can assign its insurance policy rights to plaintiffs in a West Virginia tort case, the Delaware Supreme Court has ruled. The high court held that an insurer who opposed the transaction did not meet the evidentiary burden necessary to require the “extraordinary form of relief” of an injunction.
North River Insurance Co. had issued liability policies to Mine Safety Appliances Co., a manufacturer of safety equipment for workers in hazardous conditions. Mine Safety Appliances, or MSA, faces a multitude of personal injury claims in multiple jurisdictions due to alleged defects in its equipment and is seeking coverage under North River’s policies, according to court documents. Cases are currently being litigated in the U.S. District Court for the Western District of Pennsylvania, the Allegheny County Court of Common Pleas, the Delaware Superior Court and the Circuit Court of Wyoming County, W.Va.
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