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  • Excess Insurers' Motions To Dismiss Denied In Formaldehyde Laminate Flooring Suit
    MADISON, Wis. - In two separate opinions issued Sept. 9, a Wisconsin state judge denied motions to dismiss filed by excess insurers in a suit regarding coverage for underlying claims arising out of toxic levels of formaldehyde in Lumber Liquidators Inc.'s laminate flooring after determining that a ruling on the applicability of the pollution exclusion in one of the excess insurer's policies cannot be made at this stage of the litigation and after finding that the insured sufficiently alleged that a primary policy was exhausted by an underlying settlement (Lumber Liquidators Inc. v. American Guarantee & Liability Insurance Co., et al., No. 15-1089, Wis. Cir., Dane Co.).

  • Montana Federal Judge Says Issues Of Fact On Pollution Condition Preclude Judgment
    GREAT FALLS, Mont. - A Montana federal judge on Sept. 12 determined that issues of fact preclude summary judgment in favor of an insurer because it is not clear whether two underlying suits filed against the insureds allege a pollution condition for which coverage is afforded (Endurance American Specialty Insurance Co. v. Dual Trucking and Transport LLC, et al., No. 18-134, D. Mont., 2019 U.S. Dist. LEXIS 156895).

  • Insurer Seeks To Compel Reinsurers To Produce Info On Allocation Of Settlement
    BOSTON - An insurer in a Sept. 13 motion asks a Massachusetts federal court to compel reinsurers to produce documents and interrogatory responses relating to their allocation and billing of its own 2009 settlement with an insured in a separate matter (Certain London Market Company Reinsurers v. Lamorak Insurance Co., No. 18-10534, D. Mass., 2019 U.S. Dist. LEXIS 38909).

  • Insured Cannot Be Substituted As Third-Party Defendant In Asbestos Suit, Judge Says
    MILWAUKEE - A Wisconsin federal judge on Sept. 13 denied an insured's request to substitute itself for one of its insurers as a third-party defendant after determining that the insurer is the real party in interest and that a settlement between the insured and the insurer did not extinguish the insurer's liability for contribution costs for underlying asbestos claims filed against the insured (Eaton Corp. v. Westport Insurance Co., et al., No. 15-1157, E.D. Wis., 2019 U.S. Dist. LEXIS 156564).

  • Judge Addresses Motions In Limine In Breach Of Contract Case Between Reinsurer, Insurer
    UTICA, N.Y. - Before a jury trial, a New York federal judge on Sept. 13 addressed a reinsurer and an insurer's various motions in limine seeking rulings on the admissibility of certain matters in their dispute over the insurer's breach of contract claim concerning coverage for settlements of asbestos claims (Utica Mutual Insurance Co. v. Century Indemnity Co., No. 13-995, N.D. N.Y.).

Scott Strait