11/7/2023 0 Comments Matthew fink st. lukes![]() ![]() ![]() In a case of first impression, secured summary judgment for client over bad-faith claims involving alleged failure to settle underlying railroad-crossing accident case, in which client only offered the insured's $5 million retention, followed by a $54 million verdict. Obtained summary judgment in favor of insurers on insured's counterclaims for bad faith and breach of the implied covenant of good faith and fair dealing, which also resulted in defeat of insured's request for attorney's fees under Minnesota's "Morrison" exception to the American Rule. Obtained dismissal of complaint against excess insurer seeking coverage for lawsuit alleging that insured misrepresented its insurance to the underlying plaintiffs to induce them to settle for less than their damages. Obtained summary judgment holding that CGL coverage, part of client's primary OCIP policy, provided only a single $5 million completed-operations aggregate liability limit, regardless how projects sustained damage defeated argument that $5 million aggregate limit was owed for each of 71 scheduled projects. Won jury verdict for excess insurers, finding they acted in good faith when they rejected claimant's unreasonable settlement demands in the underlying personal injury lawsuit, even though the claims resulted in a $30 million judgment, which exceeded clients' limits. Secured multimillion-dollar judgment requiring the insured and another insurer to reimburse our insurer client based upon a batch clause endorsement. Obtained summary judgment for excess insurer on the basis that additional insured vendor’s failure to properly inspect a returned electronic rat trap before placing it back on a shelf with batteries inside, resulting in injury to a customer, precluded any duty to indemnify the vendor for a $9 million arbitration award. Obtained summary judgment, and affirmance at appellate level, based on the trial court finding that a constellation of claims relating to the insured’s abandonment of cathode ray tubes in rented warehouses did not fall within coverage of the client’s pollution liability policy on basis that the claim was made prior to the policy period, the alleged clean-up costs were not because of a pollution incident, the alleged pollution incidents at one property were before the retrospective date, and two exclusions applied. ![]() The underlying class action case alleged injury and damage from exposure to carbon black from a manufacturing facility. In a high-stakes case involving coverage under a pollution legal liability policy, we presented issues of first impression and secured summary judgment in West Virginia federal court. ![]()
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