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  • $120M Settlement Reached In Environmental Suit, According To Recent Filing
    NEW YORK - An insured and one of its excess insurers on Aug. 30 notified a New York federal judge that they stipulated to a settlement regarding environmental contamination remediation costs in a suit that was filed by the insured more than 30 years ago (Olin Corp. v. Lamorak Insurance Co., et al., No. 84-1968, S.D. N.Y.).

  • Insurer Owed Duty To Defend Insured Against Environmental Claims
    BOSTON - A Massachusetts federal judge on Sept. 13 adopted a magistrate judge's recommendation to grant a motion for summary judgment filed by the insured's assignee in an environmental contamination coverage dispute after determining that the magistrate judge's analysis regarding the policy's sudden and accidental exception to the pollution exclusion was correct (Plaistow Project LLC v. Ace Property & Casualty Insurance Co., No. 16-11385, D. Mass., 2018 U.S. Dist. LEXIS 155965).

  • Claimant Says 3rd Circuit Ruling On W.R. Grace Insurer Liability Affects Her Case
    WILMINGTON, Del. - A recent Third Circuit U.S. Court of Appeals remand ruling seeking Delaware federal bankruptcy court decisions on what asbestos claims, if any, insurers of former Chapter 11 debtor W.R. Grace & Co. are liable for needs to be addressed in a similar action alleging negligence against the insurers, the plaintiff in that action tells the bankruptcy court in a Sept. 10 brief filed at the request of the court (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.).

  • Panel Affirms Verdict In Insurer's Favor In Water Damage Coverage Dispute
    SAN DIEGO - The Fourth District California Court of Appeal on Sept. 17 affirmed a jury verdict entered in an insurer's favor in a water damage dispute after determining that the trial court did not abuse its discretion in excluding testimony from the insured's expert regarding whether the water damage occurred suddenly or over a period of time (Robert Dorfman v. State Farm General Insurance Co., No. D072214, Calif. App., 4th Dist., Div. 1, 2018 Cal. App. Unpub. LEXIS 6329).

  • Judge: Water Exclusion Bars Coverage For Insureds' Damages From Wall Collapse
    SEATTLE - Coverage for damages caused by the collapse of a home's retaining wall are precluded under a homeowners insurance policy's water exclusion, a Washington federal judge ruled Sept. 7; however, the judge declined to grant summary judgment to the insurer on claims for bad faith and violation of Washington's Consumer Protection Act (CPA) (Stephen Jones, et al. v. State Farm Fire and Casualty Co., No. 17-1058, W.D. Wash., 2018 U.S. Dist. LEXIS 153102).

Scott Strait