Evanston Off Hook For Chemical Spill Coverage

Law360, New York (September 24, 2010, 5:32 PM EDT) -- Evanston Insurance Co. has no duty to pay defense or indemnity costs to G&T Fabricators Inc. for claims stemming from a 2008 liquid fertilizer spill at an Allied Terminals Inc. facility, a federal judge has ruled, because the insured company made material misrepresentations in its policy applications.

Judge Louise W. Flanagan granted Evanston's motion for summary judgment on all claims in the U.S. District Court for the Eastern District of North Carolina on Thursday, dismissing the suit and granting the insurer's request to rescind the two...
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