Oregon Federal Judge Dismisses Suit, Says Tennessee Federal Suit Was First Filed
(August 31, 2016, 11:42 AM EDT) -- PORTLAND, Ore. — An Oregon federal judge on Aug. 29 dismissed an insured’s suit seeking a coverage declaration for underlying environmental contamination cleanup claims because the insurer’s suit, filed in Tennessee federal court, was filed first and addresses the same claims as the insured’s suit (IBC Manufacturing Co. v. Berkshire Hathaway Specialty Insurance Co. et al., No. 16-908, D. Ore.; 2016 U.S. Dist. LEXIS 115240).
(Opinion available. Document #03-160907-002Z.)
IBC Manufacturing Co. filed suit in the U.S. District Court for the District of Oregon against Berkshire...