American Home Products Corp. v. Liberty Mutual Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that manifests “has been defined to mean when the injury was diagnosed or when it produced 27 symptoms that placed or should have placed the injured person on notice”
• in policies with Deemer clause, parties still “intended and understood basic policy coverage to apply to injuries shown in fact to have occurred during the policy period”
• “Evidence of the premiums agreed to by the parties and their relation to the claims for which the insureer provided coverage ... is probative of how the parties construed the contracts at issue.
• Around 1960, New York insurers adopted “the ‘occurrence’ approach . . . [which] expressly provided that an occurrence included any injury or damage that resulted . . . from injurious exposure over an extended period.”
• A notice-of-injury provision is triggered not upon knowledge of “the causative event of occurrence but . . . [of] the injuries or damages which result from such an event and which happened during the policy period.”
• Injury is “determined on the basis of facts”

Source: CourtListener parenthetical corpus (CC0).