Insurer Ordered To Cover Highway Asphalt Spill Claims

Law360, New York (September 7, 2012, 7:32 PM EDT) -- Excess insurer Hallmark Specialty Insurance Co. must defend a trucking company against more than 1,000 claims of car damage from an asphalt spill on a Pennsylvania highway, a federal judge ruled Friday after determining a pollution exclusion didn't bar coverage.

U.S. District Judge Joy Flowers Conti held that Hallmark should defend and potentially indemnify MTS Transport LLC under a $4 million excess liability policy for all nontraditional pollution claims stemming from the November 2011 petroleum asphalt spill on the Pennsylvania Turnpike.

Judge Conti came to that...
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