2nd Circuit Should Sanction Insurer For Frivolous Appeal In Contamination Suit

Mealey's (October 7, 2020, 10:53 AM EDT) -- NEW YORK — The Second Circuit U.S. Court of Appeals should sanction an insurer for appealing a New York federal judge's decision to confirm an arbitration award in favor of the insured for underlying groundwater contamination liabilities because the insurer's appeal is frivolous and because the insurer failed to demonstrate any basis to vacate the award, the insured contends in an Oct. 5 brief in support of its motion for sanctions (HDI Global SE, f/k/a HDI Gerling Industrie Versicherung AG v. Phillips 66 Co., No. 20-1743, 2nd Cir.)....