Judge Won't Kill Wiseman Oil's $26M CERCLA Coverage Suit

Law360, New York (May 23, 2012, 4:41 PM EDT) -- A Pennsylvania federal judge on Tuesday refused to dismiss Wiseman Oil Co. Inc’s $26 million action seeking insurance coverage for a suit over pollution from an oil refinery it operated, striking down the insurer’s argument that Wiseman’s claims are barred by a statute of limitations.

U.S. Chief Magistrate Judge Lisa Pupo Lenihan said according to Pennsylvania case law, the statute of limitations on an action for breach of an insurer’s duty to defend does not begin running until the underlying litigation is terminated, not on the...
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