Federal Judge Says Stay, Not Dismissal, Of Insurer’s Suit Is Appropriate
Mealey's (June 14, 2016, 10:34 AM EDT) -- PROVIDENCE, R.I. — A Rhode Island federal judge on June 10 stayed an insurer’s suit seeking a declaration that its policy’s pollution exclusion bars coverage for an oil spill because the insurer’s suit was filed before the insured’s state court suit, which also seeks a coverage declaration for the oil spill (Arbella Protection Insurance Co. Inc. v. Regan Heating and Air Conditioning Inc., No. 15-441, D. R.I.; 2016 U.S. Dist. LEXIS 75841).
(Opinion available. Document #03-160615-005Z.)
Regan Heating and Air Conditioning Inc. sells and services residential...