NEW ORLEANS — An insured seeking coverage for environmental contamination remediation expenses incurred following a fire at the insured’s chemical facility filed a notice of appeal on March 31 in the Fifth Circuit U.S. Court of Appeals, challenging a Texas federal judge’s ruling that the environmental premises liability insurer owes no coverage because the facility was not a covered location under the policy.
CLEVELAND — An Ohio appellate court on March 31 affirmed a trial court’s ruling on an insured’s motion to compel in a breach of contract and bad faith suit arising out of the insured’s environmental contamination coverage claim after determining that the trial court did not err in determining that the insurer is required to produce a number of documents that are relevant to the insured’s bad faith claim under Ohio law.
PITTSBURGH — An insurer filed a notice of appeal on March 25 in the Third Circuit U.S. Court of Appeals, challenging a Pennsylvania federal judge’s ruling that an insurer must indemnify its insured for damages to natural gas wells caused by an insured’s fracking work.
COLUMBIA, S.C. — An insurer has filed a petition in the South Carolina Supreme Court, seeking review of an appellate court’s ruling that the insurer waived its right to assert a late notice defense and must indemnify its insured for the settlement of an underlying asbestos exposure suit, according to an advance sheet filed by the high court on April 6.
SACRAMENTO, Calif. — A California federal judge on April 4 dismissed without leave to amend a retail chain’s claims against its insurer including for violation of California’s unfair competition law (UCL) by denying its claims for coronavirus shutdown-related damages, finding that the business didn’t suffer physical damages and that the policy’s exceptions included damage caused by fungus, rot “or virus.”
JACKSON, Miss. — Denying an insurer’s motion for rehearing and filing a substitute opinion, the Mississippi Supreme Court on March 31 refused to disturb its earlier finding that a pollution exclusion in an excess insurance policy is ambiguous and must be construed against the insurer in a coverage dispute over an explosion at a facility.
NEW HAVEN, Conn. — A dental insured on March 29 filed a notice indicating that it was appealing to the Second Circuit U.S. Court of Appeals a Connecticut federal judge’s dismissal of its amended complaint seeking coverage for its losses arising from the coronavirus and subsequent shutdown orders.
NEW YORK — A federal judge in New York on March 30 held that two insurers have a duty to defend a water treatment company insured against breach of contract, negligence and fraud litigation arising from the installation of a mercury removal system at a wastewater plant, rejecting the insurers’ contention that the product liability, your work, your product, pollution and professional liability exclusions bar coverage.
NEW ORLEANS — Defendants in an asbestos liability coverage suit on April 1 filed two motions in limine in a Louisiana federal court seeking to prohibit references at trial to insurance and to establish the admissibility of Liberty Mutual Insurance Co.’s policy documents.
PROVIDENCE, R.I. — A Rhode Island justice on March 29 granted a commercial property insurer’s motion for summary judgment in an insured’s breach of contract lawsuit seeking coverage for its losses arising from the coronavirus pandemic, finding that the presence of employees at insured locations who either tested positive for or were suspected to have the coronavirus does not establish that the insured suffered “physical loss or damage” to its locations as a matter of law.
FRESNO, Calif. — A California federal judge on March 30 adopted a magistrate judge’s recommendation to grant a homeowners insurer’s motion for summary judgment on breach of contract and bad faith claims in a mold and water damage coverage dispute because the insurer paid the insured for the damages related to a sewer backup and, therefore, did not breach its contract.
YOUNGSTOWN, Ohio — A trial court did not err in dismissing an insurer’s declaratory judgment suit involving coverage for an environmental contamination claim because the trial court properly found that it did not have personal jurisdiction over the additional insured, which is seeking coverage under the policy, an Ohio appellate court said March 21.
PHOENIX — A federal judge in Arizona on March 10 issued an order dismissing a commercial general liability insurer’s declaratory judgment action against its insured contractor, as well as a cross-action, with prejudice in 60 days unless a stipulation to dismiss is filed before that date in light of an undisclosed settlement announced by the parties in a March 9 notice; the notice was filed two days after the judge declined to dismiss the cross-claims after finding that tribal law applies to the subcontract.
NEW YORK — A federal judge in New York on March 29 granted in part and denied in part a health care premises pollution liability insurer’s motion to dismiss New York state's largest health care provider and private employer’s lawsuit seeking coverage for its losses arising from the coronavirus pandemic, finding that the policy is ambiguous as to whether the pandemic led to the occurrence of a “facility-borne virus event.”
NEW YORK — A New York appellate court on March 24 affirmed a trial court’s denial of motions for summary judgment filed by numerous insurers seeking a declaration that no coverage is owed for an underlying lead paint judgment entered against their insured, agreeing with the trial court’s determination that the insurers failed to meet their burden of proving that the insured expected or intended the harm that resulted from the use of its lead-contaminated paints.
BOSTON — Parties in a reinsurance billings dispute over the allocation of a $120 million environmental claims settlement on March 23 filed a joint stipulation of dismissal as to what they said was the last remaining defendant in the action in Massachusetts federal court.
MISSOULA, Mont. — A Montana federal judge on March 24 granted an insurer’s motion for summary judgment in its suit seeking a declaration that no coverage is owed for an underlying suit alleging that an insured falsely certified its patients as being eligible for Medicare coverage for asbestos-related disease because the insured conceded that no coverage is owed under the applicable policies for the underlying suit.
GREAT FALLS, Mont. — The insurer liable under Montana law for worker asbestos exposures at the former W.R. Grace & Co. mine sold its liability to third-party investors who use the “float” on future payments for economic gain in a scheme that is a “vehicle for turning human suffering into an investment commodity,” plaintiffs claim in a March 21 federal lawsuit seeking declaratory relief.
ALBANY, N.Y. — A New York federal judge on March 18 amended a jury’s $10,901,005 judgment against a reinsurer to include $5,741,397.12 in prejudgment interest, otherwise denying requests to revisit the long-running dispute over defense costs paid for asbestos liabilities.
BRIDGEPORT, Conn. — The parent company of Chapter 7 debtor The Nash Engineering Co. on March 21 reserved its right in Connecticut federal bankruptcy court to weigh in on an attempt by the U.S. trustee to redesignate the case from “no asset” to “asset” based on possible insurance coverage for asbestos personal injury claims.