Insurers Failed To Prove Underlying Claims Do Not Fall Within Carve-Out Provision

Mealey's (May 13, 2019, 12:23 PM EDT) -- MARSHALL, Texas — A Texas federal judge on May 10 adopted a magistrate judge’s recommendation that a motion for summary judgment filed by defendant insurers in a coverage dispute over underlying claims arising out of exposure to polychlorinated biphenyls (PCBs) should be denied, agreeing with the magistrate judge that a question of fact remains as to whether the underlying claims fall within a carve-out provision included in a 1995 settlement agreement between the insured and its insurers (Pharmacia LLC v. Grupo de Inversiones Suramericana S.A., et al., No. 15-920, E.D. Texas, 2019 U.S. Dist. LEXIS 79215)....

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