Insured’s Suit Dismissed; No Coverage Dispute Exists, Indiana Federal Judge Says

Mealey's (February 12, 2019, 3:52 PM EST) -- NEW ALBANY, Ind. — An Indiana federal judge on Feb. 11 dismissed a suit filed by an insured family trust after determining that there is no coverage dispute because the suit seeks only an advisory opinion from the court as to whether a pollution exclusion precludes coverage for any liability arising out of decking material treated with a form of arsenic  (The Frederick J. Statts and Geneva S. Statts Family Trust, et al. v. State Farm Mutual Automobile Insurance Co., No. 18-130, S.D. Ind.,  2019 U.S. Dist. LEXIS 21570)....