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Primary Insurer Wins Reinsurance Dispute Over Large Asbestos Settlement

Yesterday, the U.S. District Court for the Northern District of New York granted summary judgment to the primary insurer of a pump manufacturer in a dispute with the primary insurer’s reinsurer.  Beginning in 1997, more than 140,000 claims were filed against the pump manufacturer alleging asbestos-related bodily injuries.  In two separate cases, one in California and one in New...

2015 Year in Review

Earlier today, we released the 2015 Year in Review, which assembles the 20 posts from last year that received the most reader interest.

District Judge Tosses Contribution/Indemnity Claim Where Not Supported With Specific Facts

In a subrogation action brought by an insurer following a boiler explosion in a medical facility, Defendant A cross-claimed against Defendant B alleging contribution or indemnity.  The U.S. District Court for the Southern District of West Virginia granted Defendant B‘s motion to dismiss the cross-claim based on Rule 12(b)(6) where the cross-claim merely stated that 1) Defendant B...

Indemnity Provision Enforceable Where Offshore Contract Is Maritime In Nature

In a contractual indemnity dispute following an offshore worker’s injuries, the U.S. District Court for the Eastern District of Louisiana confronted whether a the contract’s indemnity provision was enforceable.  Specifically, the court had to determine whether the contract was governed by maritime law (making the indemnification provision enforceable) or whether it was...

Importance Of Conditions Precedent To Indemnification Demands Highlighted In Pipeline Case

In 1994, an oil and gas company (Company A) sold a pipeline to Company B, which has owned and operated it since.  During the sale, the companies entered into a Purchase and Sale of Assets Agreement whereby the parties agreed that any contamination occurring before the agreement’s closing date would be Company A‘s responsibility and any contamination after the closing date...

Illinois Court Finds Subcontractor’s Insurer Must Defend Contractor Following Workplace Incident

An Illinois court yesterday confronted an insurer’s duty to defend an additional insured under the terms of a commercial general liability policy issued to a third party following a workplace incident.  In 2012, a subcontractor’s employee fell off a roof, sustained serious injuries, and brought a personal injury action against the project’s general contractor.  The...

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