Insurer Can't Cap Coverage In $85M Tornado Suit

Law360 (November 10, 2020, 8:16 PM EST) -- A New York federal judge on Tuesday rebuffed Mitsui Sumitomo Insurance Co.'s argument that glass-making company Pilkington North America Inc. is barred from seeking up to $85 million in additional coverage for tornado damage to its Illinois facility, beyond the $15 million the insurer has already paid out.

U.S. District Judge John F. Keenan dropped MSI's counterclaims seeking a declaration that its coverage duty is capped at $15 million and an order stopping Pilkington from seeking further recovery. The carrier fails to plausibly allege "injustice or unfair prejudice" against it, the judge said.

"MSI offers no facts to support an inference...

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