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  • No Coverage Owed For Injuries Sustained During Hydrofracking Operations
    BISMARCK, N.D. - A hydrofracking exclusion clearly applies to bar coverage for underlying suits filed by individuals who were injured during hydrofracking operations at an additional insured's site because the injuries clearly arose out of hydrofracking operations, a North Dakota federal judge said Jan. 3 (Great West Casualty Co. v. XTO Energy Inc. et al., No. 16-387, D. N.D., 2019 U.S. Dist. LEXIS 797).

  • Insurer Has No Duty To Defend, Indemnify Insured For Contamination Claims
    INDIANAPOLIS - An insurer has no duty to defend or indemnify its insured against claims arising out of environmental contamination because the contamination at issue was not caused by insured operations, the Indiana Court of Appeals said Dec. 20 in affirming summary judgment in favor of the insurer (City of Gary, Ind., et al. v. Auto-Owners Insurance Co., No. 18A-CT-68, Ind. App., 2018 Ind. App. LEXIS 485).

  • Federal Judge Confirms $337,034 Reinsurance Arbitration Award
    NEW YORK - Pursuant to a retrocessional contract that covered ceded asbestos and pollution losses, a New York federal judge on Jan. 2 confirmed Continental Insurance Co.'s petition for an arbitration award requiring AXA Versicherung AG to pay $337,034, plus interest (Continental Insurance Co. v. AXA Versicherung AG, No. 18-7349, S.D. N.Y., 2019 U.S. Dist. LEXIS 583).

  • Judge Stays Fraser's Settlement Approvals Pending Insurers' Appeal
    TACOMA, Wash. - A Washington federal judge in a Jan. 4 minute order agreed with former asbestos insurers of Chapter 11 debtor Fraser's Boiler Service Inc. that a bankruptcy court's orders approving settling insurers' buyback of policies in settlements with the debtor should be stayed until Fraser's confirmation hearing (In re: Fraser's Boiler Service, Inc., Nos. 3:18-cv-5637 and 3:18-cv-05638, W.D. Wash.).

  • Bankruptcy Court OKs $12.4 Million Deal Between Oakfabco, CNA Insurers
    CHICAGO - An Illinois federal bankruptcy judge on Dec. 18 approved a $12.4 million settlement between Chapter 11 debtor Oakfabco Inc. and the last remaining insurers challenging the company's reorganization efforts that will provide additional funding for an asbestos trust (In re: Oakfabco, Inc., No. 15-27062, N.D. Ill. Bkcy.).


Scott Strait