Carrier Cannot Control Defense; Conflict Of Interest Exists, Federal Judge Says
(December 9, 2015, 1:55 PM EST) -- FORT WAYNE, Ind. — An insurer is not entitled to control the defense of its insured in underlying environmental contamination actions because the insurer has a conflict of interest as its lawsuit against the insured alleges a claim of breach of contract, an Indiana federal judge said Dec. 7 (Valley Forge Insurance Co. v. Hartford Iron & Metal Inc., et al., No. 14-006, N.D. Ind.; 2015 U.S. Dist. LEXIS 163501).
(Opinion available. Document #03-151216-001Z.)
Valley Forge Insurance Co. filed suit in the U.S. District Court for...