A group of over 1,000 former workers at factories in Taiwan are suing Technicolor in Taiwan for injuries allegedly suffered due to alleged exposure to chlorinated solvents at those factories and in adjacent dormitories. Technicolor filed a complaint for damages and declaratory relief in Marion Superior Commercial Court seeking a determination of their rights under comprehensive general liability policies, both primary and umbrella, sold by various insurers. Technicolor sought a defense and, if necessary, indemnity from its insurers which include Allianz Global Risks US Insurance Company, Zurich American Insurance Company, American Guarantee and Liability Insurance Company, AXA Insurance Company, XL Insurance Company, and others. The court’s July 19, 2021 order resolving the Technicolor plaintiffs’ motion for partial summary judgment and the cross-motions for summary judgment filed by Zurich, American Guarantee, AXA, XL Insurance, and Allianz, resulted in rulings that: 1) XL, Zurich, and American Guarantee owed no duty to defend Technicolor under any of their primary or excess policies because there was no coverage under the controlling interest endorsements; 2) AXA owed no duty to defend under its primary and excess policies as the claims were based on events that occurred outside the policies’ coverage territory limits; 3) Allianz had no duty to defend under its primary policy because the claims were based on events outside of those policies’ coverage territory limits; and 4) as for Allianz’s excess policy, there is a genuine issue of material fact as to Allianz’s duty to defend until it can be determined whether Technicolor possesses another form of primary insurance that would preclude the umbrella coverage of the Allianz excess policies. Technicolor asked the court to revise its July 19, 2021 ruling as to AXA’s policies. The trial court again found that AXA had no duty to defend under its primary and umbrella policies, granted AXA’s motion for summary judgment, and denied Technicolor’s cross-motion for summary judgment. Technicolor now appeals.

The scheduled panelists are Judge Bailey, Judge Crone, and Judge Baker.