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  • U.S. Supreme Court To Address Direct Actions Against Johns-Manville Insurer
    WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 12 agreed to consider whether direct actions filed by people injured by asbestos against Johns-Manville Corp.'s primary insurer should be allowed or whether they are prohibited under a 1986 injunction issued in Manville's bankruptcy and a 2004 insurance settlement (Travelers Indemnity Co., et al. v. Pearlie Bailey, et al., and Common Law Settlement Counsel v. Pearlie Bailey, et al., Nos. 08-295 and 08-307, U.S. Sup.; See 5/15/08, Page 15). Full story on lexis.com
  • Butter-Flavoring Exposure Manifested Before Policies Incepted, Panel Holds
    TRENTON, N.J. - A New Jersey appeals panel on Dec. 17 ruled that because injuries from exposure to diacetyl in butter flavoring manifested before certain policies of insurance incepted, no coverage is afforded for related lawsuits even though progression of injuries may have occurred during the relevant policy periods (Polarome International Inc. v. Greenwich Insurance Co. and Zurich Insurance Co., No. A-0566-07T1, N.J. Super., App. Div.). Full story on lexis.com
  • Pollution Exclusion Bars Coverage For Toxic Emissions, Judge Holds
    BIRMINGHAM, Ala. - The pollution exclusion eliminates coverage for lawsuits alleging harmful discharges of particulates or gases into the atmosphere, an Alabama federal judge has ruled (Pennsylvania National Mutual Insurance Co. v. Hanna Steel Corp., et al., No. CV-08-J-0635-S, N.D. Ala.). Full story on lexis.com
  • Judge Finds Louisiana Law Applies, Fact Issues Exist On Pollution Exclusion
    GALVESTON, Texas - A federal judge in Texas ruled Dec. 9 that Louisiana law, not Texas law, applies to a coverage dispute and, therefore, that fact issues exist about whether a worker's exposure to a large amount of sodium hydrochloride falls within the pollution exclusion (Kevin Jones v. Francis Drilling Fluids Ltd., et al., No. G-07-0178, S.D. Texas; 2008 U.S. Dist. LEXIS 99205). Full story on lexis.com
  • Defense, Indemnity Owed Under Boiler And Machinery Policy, Panel Affirms
    LAKE CHARLES, La. - A Louisiana appeals panel ruled Dec. 11 that a boiler and machinery insurer has a duty to defend and indemnify a sugar mill against a welder's claim that he developed mesothelioma as a result of long-term exposure to asbestos on the job (Elvist J. Tabor Sr. et al. v. Anco Insulations Inc., et al., No. 08-694, La. App., 3rd Cir.; 2008 La. App. LEXIS 1679). Full story on lexis.com
  • Known Loss Argument Fails; Insurer Knew Of Damage, Judge Says
    PORTLAND, Ore. - An Oregon federal magistrate judge ruled Dec. 11 that a clause in an agreement to purchase a hotel precludes bad faith claims and an insurer's known loss defense fails where the insurer was also aware of water damage (Malbco Holdings LLC v. AMCO Insurance Co. and Wausau Business Insurance Co., No. CV-08-585, D. Ore.; 2008 U.S. Dist. LEXIS 100464). Full story on lexis.com
  • Coverage Sought For Welding Rod Fumes Exposures
    LAFAYETTE, La. - A welding supply company is seeking coverage for hundreds of claims of injurious exposure to welding rod fumes under 12 years of liability insurance (National Welding Supply Company Inc. and Old Republic Insurance Co. v. St. Paul Property & Liability Insurance Co., et al., No. 08-cv-01900, W.D. La.). Full story on lexis.com
  • Century Seeks Reinsurance For Asbestos Claims
    PHILADELPHIA - Century Indemnity Co., as successor to Insurance Company of North America (INA), is seeking to recover reinsurance proceeds for asbestos claims payouts under reinsurance contracts issued in the mid-1980s (Century Indemnity Co. v. Munich Reinsurance America Inc., No. 08-5666, E.D. Pa.). Full story on lexis.com
  • Reliance Liquidator Files Breach Of Contract Suit Against Reinsurers
    HARRISBURG, Pa. - The liquidator of Reliance Insurance Co. filed a complaint on Nov. 18 against the underwriting members of syndicates 33, 506 and 205, alleging breach of a reinsurance contract entered between the syndicates and Reliance (Joel S. Ario, insurance commissioner of Pennsylvania, as liquidator of Reliance Insurance Co. v. Reliance Insurance Co., No. 553 M.D. 2008, Pa. Cmwlth.). Full story on lexis.com
  • Justice Waives Certain Publicity Requirements For Runoff Reinsurer
    LONDON - An English justice on Dec. 3 waived certain publicity requirements associated with transfers of insurance business by Equitas Ltd. under Part VII of the Financial Services and Markets Act 2000 (In the matter of the Names at Lloyd's for the 1992 and prior years of account, represented by Equitas Ltd. and in the matter of Speyford Ltd. and in the matter of Part VII of the Financia


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