Massachusetts Justice Says Insured’s Primary Policies Must Be Deemed Exhausted

( March 5, 2026, 3:52 PM EST) -- BOSTON — After determining that the term “exhausted” as used in excess insurance policies is ambiguous and must be construed in an insured’s favor, a Massachusetts justice said the excess policies provide coverage for underlying asbestos claims as the insured’s primary insurance must be deemed exhausted based on the primary insurer’s insolvency....

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