An "asbestosis" exclusion in a Fireman's Fund Insurance Company policy does not bar coverage from other asbestos-related diseases, according to an order issued by a Texas state court.

Judge Manual Ba?ales, of the 105th Judicial District Court of Nueces County, Texas, granted partial summary judgment to plaintiff ASARCO LLC, which sought a ruling that the Fireman's Fund exclusion applied only to claims arising specifically from asbestosis.

ASARCO is a Tucson, Ariz.-based copper company that declared bankruptcy in 2005. The legal action involves a determination of insurance coverage for past, present and future asbestos liabilities, according to Rhonda D. Orin, lead insurance counsel to ASARCO and a managing partner in the Washington, D.C. office of Anderson Kill & Olick.

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