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  • Coverage Barred For Release Of Chlorine Gas, New York Federal Judge Says
    SYRACUSE, N.Y. - No coverage is owed to insureds seeking a defense for an underlying suit alleging bodily injury claims caused by the release of chlorine gas from the insureds' scrap metal recycling plant because the policies' absolute pollution exclusion clearly precludes coverage for the underlying suit, a New York federal judge said Feb. 13 (Ben Weitsman & Son of Scranton LLC, et al. v. Hartford Fire Insurance Co., et al., No. 16-0780, N.D. N.Y., 2018 U.S. Dist. LEXIS 22970).

  • Most Emails Sought Are Shielded From Discovery In Pollution Coverage Row
    FORT WAYNE, Ind. - Twelve of 19 emails between an insurer, a claims management company and attorneys are protected from discovery by the work product doctrine, an Indiana federal magistrate judge determined Feb. 6 after conducting an in camera review of the emails sought by an insured in an environmental contamination coverage dispute (Valley Forge Insurance Company v. Hartford Iron & Metal, Inc., et al., No. 1:14-cv-00006, N.D. Ind., 2018 U.S. Dist. LEXIS 19695).

  • Rapid-American Denied Protective Order For Insurers' Subpoenas
    NEW YORK - Chapter 11 debtor Rapid-American Corp. and asbestos claimants in its bankruptcy case do not have standing to challenge subpoenas served by insurers to asbestos claims-processing facilities seeking evidence of fraud in the asbestos trust system, and besides, the information sought is relevant to the debtor's declaratory judgment action against the insurers, a New York federal bankruptcy judge held Feb. 12 (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy., 2018 Bankr. LEXIS 378).

  • Insurer, Reinsurer Submit Briefs On New York High Court Decision's Application
    NEW YORK - In a coverage dispute over asbestos litigation costs, a reinsurer and insurer submitted letters on Feb. 9 to the Second Circuit U.S. Court of Appeals concerning how a New York high court ruling applies to a reinsurance contract's per-occurrence liability cap (Global Reinsurance Corporation of America v. Century Indemnity Co., No. 15-2164, 2nd Cir.).

  • Reinsurer, Insurer Agree To Litigate $1.25M Breach Of Contract Dispute
    HARTFORD, Conn. - A Connecticut federal judge on Feb. 7 granted a joint motion by a reinsurer and insurer to withdraw a motion to dismiss and a motion to enjoin and instead to litigate a $1.25 million breach of contract dispute over settlement of underlying asbestos claims (Travelers Casualty and Surety Co. v. Allstate Insurance Co., No. 17-02144, D. Conn.).


Scott Strait