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Adjuster Not Improperly Joined, Judge Finds, Remanding Case To State Court
DALLAS - Finding that an insurer failed to establish that its adjuster was improperly joined in a coverage dispute lawsuit, a Texas federal judge on April 23 found that the parties were not completely...
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Reinsurer Says Reinsured's Motion For Summary Judgment Must Be Denied
MADISON, Wis. - A reinsurer told a Wisconsin federal court on April 23 that genuine issues of material fact remain regarding an asbestos-related reinsurance dispute and therefore its reinsured's motion...
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Committee In Rhythm And Hues Case Opposes $425,000 Break-Up Fee For Failed Bid
LOS ANGELES - The Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy of Rhythm And Hues Inc. (RAH), which provided the visual special effects for the film "Life of Pi," on April 22...
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Previously Rejected 'Military Contractor' Evidence Still Lacking, Judge Says
LOUISVILLE, Ky. - A Kentucky federal judge on April 24 denied Union Carbide Corp. summary judgment on the military contractor defense, saying that an expert's deposition and 20-year-old evidence he...
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Missouri Law Applies To Lead Contamination Dispute, Appeals Panel Determines
ST. LOUIS - The Eastern District Missouri Appeals Court on April 16 determined that Missouri law, not New York law, should be applied to a coverage dispute regarding environmental contamination caused...
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Insurer Ordered To Produce Documents In Environmental Contamination Coverage...
NEW YORK - A New York justice on April 15 granted an insured's motion that its insurer produce documents related to post-suit conduct in an environmental contamination coverage dispute after...
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Judge: Insurers Have No Duty To Defend Against Environmental Claims
HOUSTON - An insured is not entitled to coverage for an administrative action initiated by the U.S. Environmental Protection Agency because the administrative action does not constitute a lawsuit as...
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Stone Dust Not Included In Policy's List Of Pollutants, R.I. Judge Says
PROVIDENCE, R.I. - A Rhode Island judge on April 18 denied an insurer's motion for summary judgment after determining that some underlying claims may be covered by the policy and noting that stone dust...
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Judge Finds No Jurisdiction Over Third-Party Claims In Contamination Coverage...
SAN FRANCISCO - For the second time, a California federal judge on April 16 dismissed insureds' third-party claims against an insurer in a dispute over coverage for environmental contamination claims,...
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W.R. Grace Asbestos Trust To Receive $900,000 From Deal With Insurer
WILMINGTON, Del. - A federal bankruptcy judge in Delaware on April 17 approved a settlement agreement between Chapter 11 debtor W.R. Grace & Co. and one of its insurers that will provide more than...
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Insurer Properly Inspected, Denied Coverage For Water Damage, Judge Concludes
BIRMINGHAM, Ala. - An insurer established that it properly inspected property to determine that a loss was not covered and properly relied on a water damage exclusion to deny coverage, an Alabama...
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Economic Loss Doctrine Bars Insurer's Negligence Claim, Judge Determines
INDIANAPOLIS - The economic loss doctrine precludes a subrogated insurer from pursuing a negligence claim against the supplier of a roof system that failed and permitted water damage in a building on a...
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Insurer Cannot Enforce Mandatory Arbitration Endorsement, Panel Says
MINNEAPOLIS - An insurer cannot enforce a mandatory arbitration endorsement in its policy because the endorsement conflicts with a policy endorsement stating that all disputes must be resolved in...
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California Appeals Court Rules Widow Has Triable Evidence Of Benzene Injury
SANTA ANA, Calif. - A California appeals court has reversed dismissal of a widow's claims that exposure to benzene in Rust-Oleum Corp. products caused her husband's 2007 death from acute myelogenous...
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Louisiana Appeals Court Affirms Bulk Of Award To Seaman With Leukemia
LAKE CHARLES, La. - Louisiana's Third Circuit Court of Appeal has affirmed the bulk of a $17.5 million jury verdict to a seaman who said his exposure to petroleum products caused acute promyelocytic...
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Refinery Worker's Benzene Claims Dismissed, As Judge Says Parties Settle
NEW ORLEANS - The Louisiana federal judge presiding over a suit alleging that on-the-job and home-based exposure to benzene caused chronic lymphocytic leukemia (CLL) dismissed the claims April 2,...
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Defendants Say Seaman's Counsel Seeks To 'Cherry Pick' Trials
NEW ORLEANS - Defendants in a benzene injury case say in a March 28 brief that defense counsel's reasons for filing a motion for a continuance of trial in the U.S. District Court for the Eastern...
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Day Care Owners' Suit Dismissal Is Affirmed As Discovery Abuse Sanction
LANSING, Mich. - The Michigan Court of Appeals has affirmed, as a discovery sanction, dismissal of a couple's claims that the July 2010 rupture of Enbridge Energy Partners L.P.'s pipeline put them out...
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Judge Strikes Allegations Of Michigan Vineyard For Improper References
GRAND RAPIDS, Mich. - The Michigan federal judge supervising litigation over a ruptured pipeline that spilled Canadian tar sands oil laced with benzene into the Kalamazoo River has struck certain...
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Property Owners Sue Exxon Mobil Over Arkansas Rupture
LITTLE ROCK, Ark. - Property owners and a business near Exxon Mobil's ruptured Pegasus pipeline in Mayflower, Ark., sued the company April 11 in the U.S. District Court for the Eastern District of...
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