Insurers Can't Duck Coverage Claims In Plant Pollution Suit

Law360, New York (September 20, 2012, 4:15 PM EDT) -- A Wisconsin federal judge refused Wednesday to dismiss coverage claims against two insurers involved in a proposed class action alleging a manufacturing plant operated by their insured, Madison-Kipp Corp., leaked carcinogens into the air, soil and groundwater and contaminated residents' homes.

U.S. District Judge Barbara B. Crabb rejected Continental Casualty Co. and Columbia Casualty Co.'s arguments that the court lacks subject matter jurisdiction over the coverage claims because the insurance disputes regarding indemnification are not “ripe” because Madison-Kipp has not yet been found liable for the...
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