Bad Faith Failure To Defend Counterclaim Must Be Dismissed In Lead Dispute

(September 23, 2020, 2:56 PM EDT) -- ST. LOUIS — A Missouri federal judge on Sept. 21 granted an insurer's motion for partial summary judgment on an insured's bad faith failure to defend counterclaim after determining that the counterclaim is duplicative of the insured's breach of the duty to defend counterclaim asserted in a coverage dispute over liability for injuries sustained as the result of the insured's lead-smelting operations (Zurich American Insurance Co. v. Fluor Corp., et al., No. 16-429, E.D. Mo., 2020 U.S. Dist. LEXIS 173070)....