Insurer’s Lead Coverage Suit Permitted To Proceed; Motion To Stay Denied

Mealey's (June 19, 2018, 11:30 AM EDT) -- SAN FRANCISCO — A stay of an insurer’s suit seeking a declaration regarding its duty to defend an insured in an underlying lead exposure suit is not warranted because the insurer’s coverage suit does not present the same issues as the underlying lead exposure suit and the insured will not be prejudiced if the insurer’s suit proceeds, a California federal judge said June 18 in denying the insured’s motion to stay (James River Insurance Co. v. W.A. Rose Construction, et al., No. 18-2030, N.D. Calif., 2018 U.S. Dist. LEXIS 101698)....