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  • 6-Year Delay In Notice Bars Coverage For Underlying Contamination Suit
    PEORIA, Ill. - An Illinois federal judge on Dec. 5 granted an insurer's motion for judgment on the pleadings after determining that no coverage is afforded for an underlying environmental contamination suit arising out of the insured's mining operation because the insured's six-year delay in providing the insurer with notice of the underlying suit bars coverage (Rockhill Insurance Co. v. Carri Scharf Materials Co., No. 18-1380, C.D. Ill., 2019 U.S. Dist. LEXIS 209581).

  • Federal Judge Denies Insurers' Motions To Intervene In Contamination Suit
    SACRAMENTO, Calif. - A California federal judge on Dec. 3 denied motions to intervene by a number of insurers in a dispute over liability for groundwater contamination under the Comprehensive Environmental Response, Compensation, and Liability Act after determining that the insurers failed to show good cause for intervening in the suit (California Department of Toxic Substances Control, et al. v. Jim Dobbas Inc., et al., No. 14-0595, E.D. Calif., 2019 U.S. Dist. LEXIS 209377).

  • Texas Panel Partly Reverses Ruling In Coverage Dispute Over Hurricane Rita Damage
    HOUSTON - A Texas appeals panel on Nov. 26 reversed the portion of a lower court's judgment awarding treble damages for an insurer's "knowing violations of the Texas Insurance Code" and interest related to the award in a lawsuit arising from Hurricane Rita damage to the insured's wells and pipelines, further reversing the part of the judgment that awarded Texas Insurance Code Prompt Payment damages on a December 2007 partial payment made by the insurer and related prejudgment interest (Certain Underwriters at Lloyd's, London, et al. v. Prime Natural Resources, Inc., No. 01-17-00881, Texas App., 1st Dist., 2019 Tex. App. LEXIS 10275).

  • Bad Faith Claim Cannot Stand, Federal Judge Says In Granting Motion To Dismiss
    PHILADELPHIA - A Pennsylvania federal judge on Dec. 4 granted a homeowners insurer's motion to dismiss a bad faith claim arising out of the insurer's denial of coverage for an oil spill on the insured's property after determining that the insured failed to allege sufficient facts in support of her claim for bad faith (Dorothy Biela v. Westfield Insurance Co., No. 19-4383, E.D. Pa., 2019 U.S. Dist. LEXIS 209418).

  • Judge Denies Reinsurer's Post-Trial Motions In Case Against Insurer Over Billings
    UTICA, N.Y. - In an "epilogue to a hard-fought contract dispute" between an insurer and a reinsurer over the reinsurer's alleged breach of two indemnity agreements for asbestos claim settlements, a New York federal judge on Dec. 3 denied the reinsurer's motion to amend or correct the judgment, renewed motions for judgment as a matter of law, motion for a new trial and motion for post-trial discovery (Utica Mutual Insurance Co. v. Century Indemnity Co., No. 13-995, N.D. N.Y., 2019 U.S. Dist. LEXIS 207547).

Scott Strait