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No Policies, No Problem? Court Construes Missing Policy Documents Against Insurer

The Court of Appeals placed the burden on Travelers to prove which asbestos claims were subject to aggregate limits or any other exclusion or limitation “because certain insurers in the asbestos coverage arena historically destroyed coverage documentation pursuant to an intentional scheme seeking to thwart legitimate claims,” necessitating the reconstruction of potentially applicable coverage by extrapolating from the limited policies available and filling in missing or incomplete provisions.

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