Federal Judge: No ‘Actual Controversy’ Exists Between Insured, Excess Insurer
Mealey's (March 1, 2016, 12:38 PM EST) -- LOUISVILLE, Ky. — A Kentucky federal judge on Feb. 25 granted an insured’s motion to dismiss an excess insurer’s declaratory judgment lawsuit disputing coverage for an underlying indemnity claim over a product liability dispute, finding that no real controversy exists between the parties (Interstate Fire & Casualty Co. v. BFK, Inc., No. 15-150, W.D. Ky.; 2016 U.S. Dist. LEXIS 23537).
(Memorandum opinion and order available. Document #13-160303-014Z.)
BFK Inc. was formerly known as Fisher-Klosterman Inc. BFK had products liability coverage under a general liability insurance policy...