201689P.pdf   05/21/2021  The Continental Insurance Co.  v.  Daikin Applied Americas Inc.
   U.S. Court of Appeals Case No:  20-1689
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Gruender, Author, with Erickson and Kobes, Circuit Judges] 
   Civil case - Insurance. In action to determine Continental's duty to 
   defend Daikin in more than 100 personal injury suits arising from exposure 
   to asbestos- contaminated products sold by Daikin's predecessor, the 
   district court misapplied Minnesota law in declaring that Continental's 
   duty to defend arises only where an underlying suit alleges liability 
   arising out of the predecessor's actions or where Daikin has been sued as 
   successor to the predecessor; the complaint need not specifically allege 
   facts that make the duty to defend obvious; it is enough that the 
   allegations make it "arguable" that an insured liability is at issue; 
   because of its use of the wrong standard, the district court did not 
   analyze each underlying lawsuit to determine whether the complaint named a 
   subsequent entity arguably on account of the predecessor's liability in 
   light of the allegation or, if not, whether extrinsic facts proffered by 
   Daikan and known to Continental about that case clearly establish this; 
   remanded for further proceedings.