This is an extract of our Csr Ltd V. Cigna Insurance document, which we sell as part of our Conflict of Laws BCL Notes collection written by the top tier of Oxford students.
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CSR LTD. V. CIGNA INSURANCE FACTS The NSW proceedings were brought by Cigna Insurance Australia Limited ("Cigna Australia"), Cigna Corporation Inc ("Cigna Corporation") and certain insurance companies (together referred to as "the plaintiffs") which, with Cigna Australia, insured CSR at various periods between 1978 to 1993. They were brought against CSR, CSR America and other companies which insured CSR over that period. CSR is a company incorporated in Australia carrying on business in this and other countries. Its head office is in Sydney. CSR America is a company incorporated and carrying on business in the United States of America. It is a wholly owned subsidiary of CSR Investments Overseas Limited which, in turn, is a wholly owned subsidiary of CSR. Cigna Corporation is a company incorporated and, apparently, carrying on business in the United States of America. CSR's liability relating to asbestos claims: Between 1948 and 1966 CSR acted as sales agent for its subsidiary, Midalco Pty Limited ("Midalco"), which was formerly known as Australian Blue Asbestos Pty Limited. Midalco mined and processed blue asbestos at Wittenoom in Western Australia. As Midalco's agent, CSR sold raw asbestos fibre to various companies in the United States, including Johns-Manville International, a manufacturer of asbestos products in New Jersey…. Claims have been made and proceedings brought in the United States against CSR and, in some cases, CSR America by persons who have suffered injury in consequence of the inhalation of asbestos fibres ("the American asbestos claims"). Asbestos claims have also been made against CSR in this country, both for personal injury and for property damage ("the Australian asbestos claims"). Insurance claims by CSR: So far as is relevant, the policies pursuant to which CSR was insured between 1978 and 1993 are public risk and product liability policies. Generally speaking, they were issued in respect of CSR's operations worldwide… On 29 November 1991, CSR wrote to Cigna Australia and other insurers at risk at various times between 1979 and 1988 seeking indemnity from them in respect of the American asbestos claims and, also, the Australian asbestos claims (together referred to as "the 1991 claims"). Cigna Australia and the other insurers denied liability. In June 1995, the appellants filed a complaint against their insurers and, also, against Cigna Corporation in the United States District Court for the District of New Jersey. By that complaint, CSR and CSR America seek declarations that they are entitled to indemnity with respect to the American asbestos claims from CSR's insurers and, also, from Cigna Corporation, as the alter ego of Cigna Australia.
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