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  • Insured Failed To Provide Timely Notice Of Contamination Claim, Federal Judge Says
    CENTRAL ISLIP, N.Y. - A New York federal judge on March 14 dismissed an insured's complaint seeking a declaration that coverage is owed for environmental contamination discovered on its property because the insured failed to provide timely notice of the claim as required by the policy (K.B.K. Huntington Corp. v. Hanover Insurance Co., No. 18-3135, E.D. N.Y., 2019 U.S. Dist. LEXIS 42729).

  • Judge Denies Remand In Reinsurance Case Over Environmental Claims
    BOSTON - A Massachusetts federal judge on March 8 adopted a magistrate judge's report and recommendation denying a request to remand a reinsurance case because the case is not parallel with another concerning environmental claims (Certain London Market Company Reinsurers v. Lamorak Insurance Co., No. 18-10534, D. Mass., 2019 U.S. Dist. LEXIS 38909).

  • Source Of Injury Was Oil Spill, Not Failure To Disclose, Massachusetts Panel Says
    BOSTON - The Massachusetts Appeals Court on March 13 reversed a trial court's ruling in favor of an insurer in a coverage dispute arising out of an oil spill after determining that the source of the injury at issue was the oil spill and not the former property owners' failure to disclose the spill to the property's buyers (Timothy Creamer, et al. v. Arbella Insurance Group, No. 18-P-330, Mass. App., 2019 Mass. App. LEXIS 32).

  • Judge Orders Insurer, Reinsurer To Arbitrate Lead Paint Loss Dispute
    HARRISBURG, Pa. - A Pennsylvania federal judge on March 14 compelled an insurer and its reinsurer to arbitrate their dispute regarding reinsurance coverage for lead paint losses arising in the Maryland area (Pennsylvania National Mutual Casualty Insurance Co. v. Everest Reinsurance Co., No. 18-mc-653, M.D. Pa., 2019 U.S. Dist. LEXIS 41285).

  • Mold Coverage Suit Dismissed; Suit Cannot Be Decided Until Liability Is Resolved
    DETROIT - A Michigan federal judge on March 14 dismissed an insurer's complaint seeking a declaration that no coverage is owed to an insured property owner for an underlying suit arising out of mold contamination because the coverage dispute cannot be resolved until the liability issue is resolved in the underlying state court suit (Allstate Indemnity Co. v. Samer Ballouz, et al., No. 19-10007, E.D. Mich., 2019 U.S. Dist. LEXIS 41310).


Scott Strait