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  • Insurer Must Prove It Was Prejudiced By Insured's Late Notice Of Saltwater Spill
    WICHITA, Kan. - A Kansas federal judge on April 9 granted an insured's motion for summary judgment in a pollution liability suit arising out of a saltwater spill after determining that the insurer is required to prove that it was prejudiced by the insured's late notice of the spill (PetroSantander (USA) Inc. v. HDI Global Insurance Co. et al., No. 16-1320, D. Kan., 2018 U.S. Dist. LEXIS 59696).

  • Policies' Anti-Assignment Clauses Do Not Bar Coverage For Environmental Claims
    TRENTON, N.J. - Insurers of an insured whose company was sold to another company in 1986 cannot rely on the policies' anti-assignment clauses to deny coverage for environmental claims arising out of their insured's business because the insured's liability for the contamination attached prior to the sale of the company and during the applicable policies' periods, the New Jersey Superior Court Appellate Division said April 13 (Cooper Industries LLC v. Columbia Casualty Co., et al., No. A-0593-15T1, N.J. Super., App. Div., 2018 N.J. Super. Unpub. LEXIS 868).

  • 5th Circuit Certifies Questions About Voluntary Payment To Mississippi High Court
    NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 16 certified two questions to the Mississippi Supreme Court regarding whether Mississippi's voluntary payment doctrine bars an insurer from recovering a settlement payment made on behalf of an additional insured when the insurer disputes that the additional insured was actually covered for the settlement under the applicable policy (Colony Insurance Co. v. First Specialty Insurance Corp., No. 17-60094, 5th Cir., 2018 U.S. App. LEXIS 9444).

  • New York Justice: Reinsurance Contracts Capped For Cedent's Asbestos Losses
    ROME, N.Y. - A New York justice on March 7 ruled that a cedent is not entitled to asbestos loss and expenses beyond the stated coverage amount set forth in reinsurance certificates issued by members of a reinsurance pool (Utica Mutual Insurance Co. v. Abeille General Insurance Co., et al., No. CA2013-002320, N.Y. Sup., Oneida Co.).

  • Insurer, Reinsurer Propose Revised Schedule For Asbestos Coverage Dispute
    SYRACUSE, N.Y. - An insurer on April 13 wrote to a New York federal court proposing a new schedule in an asbestos coverage case with its reinsurer in response to a ruling ordering document production (Utica Mutual Insurance Co. v. R&Q Reinsurance Co., No. 15-270, N.D. N.Y.).

Scott Strait