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  • Insurer Owes Defense For Underlying Environmental Liabilities, Judge Says
    DENVER - An insured is entitled to defense and indemnity for underlying environmental contamination liabilities, a Colorado federal judge said Aug. 5; however, the insurers must decide on the proper method of allocation to determine the amount of contribution owed by one of the insurers (Certain Underwriters at Lloyd's, London v. Hartford Accident and Indemnity Co. et al., No. 18-1896, D. Colo., 2019 U.S. Dist. LEXIS 130976).

  • Insurer Permitted To Intervene In Environmental Contamination Coverage Suit
    BOISE, Idaho - An Idaho federal judge on Aug. 2 granted an insurer's motion to intervene in an environmental contamination coverage dispute because none of the parties to the coverage suit adequately represents the interests of the insurer seeking intervention (Huntsman Advanced Materials LLC v. OneBeacon American Insurance Co., No. 08-229, D. Idaho, 2019 U.S. Dist. LEXIS 129846).

  • Final Judgment Entered Against Insurer In WTC, Asbestos Coverage Dispute
    NEW YORK - A New York justice on Aug. 1 dismissed an insurer's complaint and entered final judgment against the insurer based on prior rulings that coverage is owed for underlying asbestos claims arising out of the construction of the original World Trade Center towers and that the policy at issue is not exhausted (American Home Assurance Co. v. The Port Authority of New York and New Jersey, et al., No. 651096/12, N.Y. Sup., 2019 N.Y. Misc. LEXIS 4306).

  • New York Justice Says Excess Insurers' Interpleader Complaint Must Be Dismissed
    NEW YORK - A New York justice on Aug. 1 dismissed an interpleader complaint filed by two excess insurers involved in an asbestos coverage dispute, agreeing with a defendant that the excess insurers failed to state a claim upon which relief could be granted (Fireman's Fund Insurance Co., et al. v. Mary Murphy Clagget, et al., No. 650546/2019, N.Y. Sup., New York Co., 2019 N.Y. Misc. LEXIS 4293).

  • Insurer Says Debtor Policy's 'Non-Cumulation Of Liability Limit' Must Be Enforced
    NEW YORK - A provision in a 1970s insurance policy for asbestos liability can only be read to allow an insurer of Chapter 11 debtor Rapid-American Corp. to reduce the policy limits to zero by offsetting a previous settlement amount, the insurer argues in an Aug. 7 reply in support of its summary judgment bid in a New York federal bankruptcy court adversary action (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).


Scott Strait