INDIANAPOLIS - The Indiana Court of Appeals on March 25 affirmed a defense verdict in a wrongful death action brought by the wife of a man who died after allegedly receiving substandard medical treatment, finding no reversible errors by the trial court (Maria Upham v. Morgan County Hospital, et al., No. 55A01-1202-CT-53, Ind. App.; 2013 Ind. App. LEXIS 136)....(read more)![]()
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Indiana Appeals Panel Upholds Defense Verdict In Medical Malpractice Case
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Pollution Exclusion Bars Chinese Drywall Claims, Appeals Panel Concludes
RICHMOND, Va. - Noting that the Virginia Supreme Court recently ruled that sulfuric gases released by defective Chinese drywall are pollutants, the Fourth Circuit U.S. Court of Appeal on March 20 affirmed that a pollution exclusion precludes coverage for homeowners' claims arising from the installation of Chinese drywall (Evanston Insurance Co. v. Michelle Germano et al., No. 11-2082, 4th Cir.; 2013 U.S. App. LEXIS 5472)....(read more)![]()
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11th Circuit Panel Affirms No Duty To Defend Developer In Chemical Exposure Suit
ATLANTA - A unanimous 11th Circuit U.S. Court of Appeals panel on March 20 affirmed summary judgment for an insurance company against a Florida developer and the plaintiffs who sued it for exposure to fugitive contaminants (Mt. Hawley Insurance Co. v. Dania Distribution Centre Ltd., et al., No. 11-10596, 11th Cir.; 2013 U.S. App. LEXIS 5466)....(read more)![]()
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Michigan Court Finds Apartment Damage Was Covered Under Policy
LANSING, Mich. - A Michigan appeals court on March 21 affirmed a trial court's decision that a roofers' insurance policy provided coverage for certain damage sustained at an apartment complex, finding that various exclusions did not apply to the facts of the case (Oak Creek Apartments LLC, et al. v. Auto-Owners Insurance Company, et al., No. 308256, Mich. App.; 2013 Mich. App. LEXIS 550)....(read more)![]()
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Insurer Has Duty To Defend Insureds, Pennsylvania Federal Judge Finds
PITTSBURGH - An insurer has a duty to defend its insureds against underlying claims stemming from environmental contamination because the policy at issue does not clearly exclude coverage for the underlying claims, a Pennsylvania federal judge said March 19 (Wiseman Oil Co. et al., v. TIG Insurance Co. et al., No. 11-1011, W.D. Pa.; 2013 U.S. Dist. LEXIS 37501)....(read more)![]()
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Judge Says Reinsurer Need Not Show Prejudice In Late Notice Dispute
NEW YORK - A New York federal judge agreed with a magistrate judge's report and recommendation on March 25 and granted summary judgment to a reinsurer, ruling that the reinsurer did not have to show prejudice when denying coverage because of an insurer's late notice of a claim (AIU Insurance Co. v. TIG Insurance Co., No. 07-cv-7052, S.D. N.Y.; 2013 U.S. Dist. LEXIS 41716)....(read more)![]()
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W.R. Grace Seeks Lump-Sum $900,000 Payment In Deal With U.K. Insurer
WILMINGTON, Del. - Chapter 11 debtor W.R. Grace & Co. will receive one payment of more than $900,000 from one of its insurers for its asbestos trust rather than in periodic payments as claims are submitted to the trust, the company says in a March 6 motion in Delaware federal bankruptcy court (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.)....(read more)![]()
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Bankruptcy Judge Approves Thorpe's Deals With 2 Insurers Totaling $57 Million
LOS ANGELES - Reorganized Chapter 11 debtor Thorpe Insulation Co. and its asbestos trust received approval March 12 from a California federal bankruptcy judge for two settlements with insurance companies that have opposed Thorpe's reorganization; the deals will provide $57 million to the trust for payment of asbestos personal injury claims (In re Thorpe Insulation Co., No. 2:07-bk-19271, C.D. Calif. Bkcy.)....(read more)![]()
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Architect Barred From Testifying Decay Caused Kansas Bowling Alley Collapse
WICHITA, Kan. - An architect who has no engineering experience cannot testify on behalf of plaintiffs in an insurance coverage dispute that decay contributed to a bowling alley collapse, a federal judge in Kansas held March 18 (Quality Time, et al. v. West Bend Mutual Insurance Co., No. 12-1008-JTM, D. Kan.; 2013 U.S. Dist. LEXIS 36749)....(read more)![]()
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Maryland High Court Vacates $1B In Punitives in Gasoline Leak Contamination Case
BALTIMORE - Saying plaintiffs claiming contamination of their properties with benzene and methyl tertiary-butyl ether (MTBE) from a leak at an Exxon Mobil Corp. tank farm outside Baltimore failed to prove the fraud necessary to support an award of punitive damages, Maryland's highest court on Feb. 26 set aside most of a $1 billion punitive damages verdict (Exxon Mobil Corporation v. Thomas M. Albright, et al., No. 15 September Term, 2012, Md. App.)....(read more)![]()
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New York Appeals Court Says CEO Can Be Held Liable In Benzene Pollution Case
ROCHESTER, N.Y. - A New York appeals court has affirmed a trial court's refusal to dismiss the owner and CEO of a coke manufacturer from a benzene-related lawsuit, saying in a March 15 decision that a corporate officer may be held liable if it is established that the officer was a participant in the wrongful conduct alleged (Jennifer L. Abbott, et al., v. Tonawanda Coke Corporation, et al., No. 12-01384, N.Y. Sup., App. Div., 4th Dept.; 2013 N.Y. App. Div. LEXIS 1674; See January 2012, Page 6...(read more)![]()
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Jury Finds For Transit Agency In Benzene Exposure Suit
JERSEY CITY, N.J. - A New Jersey jury on Feb. 7 ruled against a former transit agency employee who said he developed multiple myeloma as a result of exposure to diesel exhaust, benzene and other chemicals and solvents during a 30-year career working in the agency's tunnels (Stephan D. Petty v. Port Authority Trans-Hudson Corporation, No. HUD-L-1663-10, N.J. Super.)....(read more)![]()
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Benzene Injury Defendants Ordered To Cut 50 Witnesses From Their Trial List
NEW ORLEANS - The judge presiding over a suit alleging that on-the-job exposure to benzene caused chronic lymphocytic leukemia (CLL) responded to a plaintiff motion claiming "trial by ambush" by ordering defendants on Feb. 27 to pare a recently filed list of 65 witness down to 15 (Hollis Boutain, et ux. v. Radiator Specialty Company, et al., No. 11-1907, E.D. La.; 2013 U.S. Dist. LEXIS 26806; See February 2013, Page 6)....(read more)![]()
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Shipyard Worker's Family Settles Wrongful Death Claims, Federal Judge Says
NEW ORLEANS - The family of a shipyard worker who died of multiple myeloma has settled for undisclosed terms with all defendants, according to a Louisiana federal judge's March 19 order (William Singleton, et al. v. Chevron USA Inc., et al., No. 2:11-cv-1199, E.D. La.; See June 2012, Page 6)....(read more)![]()
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Defendant Says It Makes Good Faith Effort On 'Overbroad' Discovery
NEW ORLEANS - Texaco Downstream Properties Inc. (TDPI) opposes a plaintiffs' motion to compel, saying in a March 12 brief that it has filed a motion for protective order against the plaintiffs' "overbroad" requests and that the passage of decades, the complexity of the requests and the transfer of ownership of some of the oil fields in question make it time consuming to comply (Chris Cologne and Catherine Cologne v. Shell Oil Company, et al., No. 12-735, E.D. La.; See February 2013...(read more)![]()
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Pipeline Company Ordered To Do Additional Cleanup In Kalamazoo River
CHICAGO - Saying that recoverable oil remains at the bottom of Michigan's Kalamazoo River, the Environmental Protection Agency's Chicago office on March 14 ordered Enbridge Inc. to do additional dredging to recover benzene-containing oil released into waterways during a 2010 pipeline rupture. The order requires dredging upstream of Battle Creek and in the Morrow Lake Delta (See February 2013, Page 9)....(read more)![]()
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Policy Excluded Losses From Underground Leaks, Federal Judge Holds
PHILADELPHIA - Business interruption losses while a diesel fuel spill was cleaned up were specifically excluded from an all-risk policy, a Pennsylvania federal judge ruled March 18, and the covered causes of loss in the policy specifically excluded underground vessels or piping (Heri Krupa Inc. v. Tower Group Companies, and Preserver Insurance Company, et al., No. 2:12-cv-04386, E.D. Pa.; 2013 U.S. Dist. LEXIS 37495)....(read more)![]()
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Tenn. Federal Judge Dismisses Benzene Suit After Parties Settle Coverage Claims
MEMPHIS, Tenn. - A Tennessee federal judge on March 8 dismissed a suit regarding coverage obligations for underlying benzene exposure injuries caused by W.M. Barr & Co.'s cleaning products after the parties notified the court that they settled the coverage claims (The Travelers Indemnity Company v. W.M. Barr & Company, et al., No. 08-02649, W.D. Tenn., Western Div.; See November 2011, Page 12)....(read more)![]()
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High Court: Class Certification In Antitrust Case Was Improper
WASHINGTON, D.C. - The U.S. Supreme Court on March 27 ruled 5-4 that a district court may not certify a class action under Federal Rule of Civil Procedure 23(b)(3) without resolving whether the class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a classwide basis (Comcast Corporation, et al. v. Caroline Behrend, et al., No. 11-864, U.S. Sup.)....(read more)![]()
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U.S. High Court: Prison Officers Not Immune From Assault Claims
WASHINGTON, D.C. - The Federal Tort Claims Act (FTCA) waives sovereign immunity for law enforcement officers' acts where a claim arises out of one of six intentional torts where an officer is "acting within the scope of his office or employment," a unanimous U.S. Supreme Court ruled March 27, reversing a Third Circuit U.S. Court of Appeals decision (Kim Millbrook v. United States, No. 11-10362, U.S. Sup.; 2013 U.S. LEXIS 2543)....(read more)![]()
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