New York Federal Judge Denies Summary Judgment Motions On Procedural Grounds
Mealey's (March 31, 2016, 1:42 PM EDT) -- ALBANY, N.Y. — Because an insured and an insurer failed to assert any cross-claims or counterclaims against any other parties in an asbestos coverage dispute, the insured and insurer are “procedurally foreclosed” from seeking relief through motions for summary judgment, a New York federal judge said March 28 (OneBeacon American Insurance Co. v. Fulton Boiler Works Inc., et al., No. 13-1525, N.D. N.Y.; 2016 U.S. Dist. LEXIS 39834).
(Opinion available. Document #03-160406-004Z.)
On Dec. 11, 2013, OneBeacon America Insurance Co. filed suit in the U.S. District...