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  • No Coverage Owed For Environmental Contamination Claims, Panel Says
    SHREVEPORT, La. - No coverage is afforded for environmental contamination claims because the contamination claims were not reported within 60 days following the end of the applicable policy as required by the policy, the Second Circuit Louisiana Court of Appeal said Jan. 14 (Kansas City Southern Railway Co. et al., v. The Wood Energy Group Inc. et al., Nos. 53,096, 53,099, La. App., 2nd Cir., 2020 La. App. LEXIS 61).

  • No Defense, Indemnification Owed For Damages Caused By Dumping Of Concrete
    NEW YORK - A commercial auto insurer has no duty to defend or indemnify a third-party defendant in an underlying suit alleging damages caused by water contamination and flooding as a result of the illegal dumping of concrete slurry because the underlying damages occurred before the insurer's effective policy period, a New York justice said Jan. 9 (American States Insurance Co., et al. v. Graphic Arts Mutual Insurance Co., et al., No. 651372/2018, N.Y. Sup., New York Co., 2020 N.Y. Misc. LEXIS 127).

  • Insurer Responsible Only For Pro Rata Portion Of Judgment In Lead Coverage Dispute
    BALTIMORE - The Maryland Court of Special Appeals on Jan. 8 determined that an insurer is obligated to indemnify its insured only for bodily injuries caused by the exposure to lead paint that occurred during the insurer's policy period and further said that the insurer is not obligated to provide coverage for exposure to lead while an unborn child was in utero because there is no evidence as to when any injuries occurred while the child was in utero (Pennsylvania National Mutual Casualty Insurance Co. v. Tajah Jeffers, et al., No. 960, Md. Spec. App., 2020 Md. App. LEXIS 26).

  • Breach Of Contract, Vexatious Refusal To Pay Claims Can Proceed In Asbestos Dispute
    SPRINGFIELD, Mo. - A Missouri federal judge on Jan. 14 denied an insurer's motion for summary judgment on breach of contract and vexatious refusal to pay claims arising out of an asbestos coverage dispute after determining that the insured presented sufficient evidence that the insurer breached its contract when it ceased defending the insured based on the insurer's incorrect belief that the primary policies' limits were exhausted (O'Reilly Auto Enterprises LLC v. United States Fire Insurance Co. et al., No. 17-3007, W.D. Mo., 2020 U.S. Dist. LEXIS 5910).

  • Bankruptcy Court Maps Plan To Resolve Final Issues In Debtor, Insurer Row
    NEW YORK - A New York federal bankruptcy judge issued a scheduling order Jan. 16 for resolution of the remaining issues in a long-running dispute between Chapter 11 debtor Rapid-American Corp. and insurers over coverage for asbestos liability while the parties await his ruling on their last round of summary judgment briefing (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).


Scott Strait