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DOW CORNING CORP. v. SAFETY NATIONAL CAS. CORP.

No. 02-2048.

335 F.3d 742 (2003)

In re Arbitration Between DOW CORNING CORPORATION, Petitioner-Appellant, v. SAFETY NATIONAL CASUALTY CORPORATION, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 9, 2003.

Rehearing and Rehearing Denied: August 28, 2003.

Attorney(s) appearing for the Case

Mitchell F. Dolin, argued, Washington, DC (David E. Finkelson, DC, Paul J. Puricelli, St. Louis, MO, on the brief), for appellant.

Andrew K. Epting, Jr., argued, Charleston, SC (Sean K. Trundy, Charleston, SC, Steven H. Schwartz, John Briggs, St. Louis, MO, one the brief), for appellee.

Before LOKEN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied: August 28, 2003.

LOKEN, Chief Judge.

Safety National Casualty Corporation (Safety) issued three "excess umbrella" liability insurance policies to Dow Corning Corporation (Dow Corning) covering the period December 1, 1983 to December 1, 1984. The policies included a mandatory arbitration provision. Many years later, Safety denied coverage for claims by consumers that silicon breast implants manufactured by Dow Corning...

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