Constructive Fraud Claim Against Insurer In Asbestos Suit Cannot Stand, Judge Says

(October 31, 2019, 4:11 PM EDT) -- NORFOLK, Va. — A Virginia federal judge on Oct. 29 granted an insurer’s motion to dismiss a constructive fraud claim alleged by an insured seeking coverage for underlying asbestos liabilities after determining that the insured failed to allege that the insurer had a common-law duty or an implied contractual duty to disclose the existence of policies that initially could not be located and were later discovered by the insured (Huntington Ingalls Inc. v. Travelers Indemnity Co., No. 18-147, E.D. Va., 2019 U.S. Dist. LEXIS 187698)....

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