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****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** METROPOLITAN LIFE INSURANCE COMPANY v. AETNA CASUALTY AND SURETY COMPANY ET AL. (SC 16205) (SC 16206) (SC 16207)
Norcott, Katz, Palmer, Vertefeuille and Spear, Js. Argued September 26, 2000--officially released February 6, 2001 Counsel

Francis J. Brady, with whom were Randy K. Paar, pro hac vice, Wesley W. Horton, and, on the brief, Everett E. Newton, Jerold Oshinsky, pro hac vice, Eugene R. Anderson, pro hac vice, and Mark Garbowski, pro hac vice, for the appellant (plaintiff). Thomas J. Groark, Jr., with whom was Kathleen D. Monnes, for the appellees (defendant Travelers Casualty and Surety Company et al.). Stephen A. Fennell, pro hac vice, with whom were John B. Farley and, on the brief, Charles G. Cole, pro hac vice, Brian J. Leske, pro hac vice, Margaret A. Arnold, pro hac vice, Stephen R. Apel, pro hac vice, R. Cornelius Danaher, Kathleen F. Munroe, Ralph G.

Eddy and Keith McCabe, for the appellees (defendant The Home Insurance Company et al.). Louis B. Blumenfeld, Laura A. Foggan, pro hac vice, Daniel E. Troy, pro hac vice, and Keith U. Kuder, pro hac vice, filed a brief for the Insurance Environmental Litigation Association as amicus curiae.
Opinion

KATZ, J. This appeal requires us to determine the scope and meaning of the ``per occurrence'' limit of liability under certain excess insurance policies issued by the defendant insurers1 to the plaintiff, Metropolitan Life Insurance Company (Metropolitan). In particular, we must determine whether, under the circumstances of this case, there was one occurrence under the policies, namely, Metropolitan's alleged failure to warn of the dangers of asbestos exposure, which resulted in bodily injury to the underlying claimants, or whether each claimant's exposure was a separate occurrence. The trial court rendered summary judgment in favor of all of the defendants, concluding that each claimant's exposure to asbestos was a separate occurrence. Because we agree that there are multiple occurrences in this case, we affirm the judgment of the trial court. The trial court found the following facts. ``Metropolitan . . . is a large mutual insurance company that insured employee health care plans of various manufacturers and distributors of asbestos and products containing asbestos. . . . Beginning in the 1970s and continuing to the present time, [Metropolitan] has been named as a defendant in thousands of lawsuits filed throughout the United States seeking recovery for asbestos-related bodily injuries resulting from [Metropolitan's] alleged failure to publicize adequately the health risks of asbestos exposure. These underlying claims refer to a period of time beginning in the 1930s when [Metropolitan] engaged in medical research activities. Certain reports and articles were generated either by or under the direction of Dr. Anthony Lanza, [Metropolitan's] assistant medical director. ``To date, approximately 200,000 claims against [Metropolitan] have been filed; half of them have been settled, at a `nuisance value' averaging about $2500 per claim. The underlying claims themselves basically allege that Dr. Lanza, and therefore [Metropolitan], knew or should have known of the hazards of asbestos exposure through the research activities and failed to warn the public by publication of the results of those studies. There are also claims that [Metropolitan] distorted or misstated the results in various articles and reports. Many of the underlying claimants are industrial, shipyard and construction workers who are not [Metropolitan] policyholders or persons who worked in asbestos plants where [Metropolitan] performed studies. Rather, liability is predicated on the claim that [Metro-

politan] assumed a duty to disclose to the general public when it undertook its research on asbestos. ``The underlying claimants allegedly suffered bodily injuries resulting from exposure to asbestos over a period of several years. In paying the settlement sums in addition to its defense costs, [Metropolitan] has expended hundreds of millions of dollars in connection with this litigation and anticipates substantial expenditures in the future.'' Metropolitan Life Ins. Co. v. Aetna Casualty & Surety Co., Superior Court, judicial district of New London at Norwich, Complex Litigation Docket, Docket No. X04-CV-95-0115305S (April 16, 1999) (24 Conn. L. Rptr. 381, 381

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Connecticut Law