BUILDING MATERIALS CORPORATION
OF AMERICA d/b/a GAF
MATERIALS CORPORATION VS.
ALLSTATE INSURANCE COMPANY,
ET AL. A-4444-09T3
In this insurance coverage
dispute following the settlement
of a class action lawsuit,
plaintiff, the manufacturer of roof
shingles, appealed from a
judgment of no cause of action entered
after a lengthy jury trial, and
the defendant insurer cross-
appealed from an order denying
its motion for a new trial on its
counterclaim.
Defendant's insurance policy contained
an exclusion for
damage to its own
products. In affirming the trial
court's
rulings and jury verdict, we
principally held that on its claim
for indemnification under the
policy, plaintiff cannot establish
a prima facie case of covered
loss simply by demonstrating that
the class action claimants
alleged potential third-party
property damage; rather,
plaintiff must show that the underlying
settlement actually included
payment for such claimed damages.
The burden then shifts to the
insurer to show that the policy
excluded the loss. 03-13-12
