Judge Dismisses Insurer’s Counterclaims Against Insured In Tornado Coverage Dispute

Mealey's (November 11, 2020, 10:40 AM EST) -- NEW YORK — A federal judge in New York on Nov. 10 granted a manufacturer insured’s motion to dismiss its commercial property and business interruption insurer’s declaratory relief and equitable estoppel counterclaims in a coverage dispute over the insured’s alleged $60 million to $100 million loss caused by tornado damage to its glass manufacturing facility, rejecting the insurer’s argument that it is entitled to equitable relief because it justifiably relied on the broker’s representations when it issued the policy (Pilkington North America, Inc. v. Mitsui Sumitomo Insurance Company of America, et al., No. 18-8152, S. D. N.Y., 2020 U.S. Dist. LEXIS 210333)....