Pacific Owes Defense In Tubing Action, Court Rules

Law360, New York (November 18, 2010, 12:17 PM EST) -- A Massachusetts appeals court has overturned a lower court's decision that freed Pacific Employers Insurance Co. from paying the defense costs of Omega Flex Inc. in a national class action over the alleged combustion risks of its corrugated stainless steel tubing.

In an opinion issued Tuesday, the three-judge panel with the Appeals Court of Massachusetts instead found that the complaint in the underlying litigation posed the potential for fire damage recovery to some class members' property, triggering Pacific's duty to defend under the terms of a...
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