Mitsui Dodges Duke Hospital Contamination Suit Coverage

Law360, New York (September 13, 2011, 5:36 PM EDT) -- A federal judge ruled Tuesday that Mitsui Sumitomo Insurance Co. of America did not have to further indemnify Automatic Elevator Co. in Duke University Health System's negligence and breach of contract suit over elevator lubricant that was accidentally used to clean surgical instruments.

Mitsui has already paid out the $1 million cap on its policy to Automatic, U.S. District Judge L. Patrick Auld said in granting Mitsui's motion for summary judgment, filed in North Carolina federal court. He dismissed Duke's arguments that the policy cap for...
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