Simpson Thacher Wins Summary Judgment For, and Defeats Summary Judgment Against, Insurer
06.27.11
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On June 23, 2011, United States District Judge James C. Mahan of the District of Nevada granted Firm client National Fire & Marine Insurance Company’s three motions for partial summary judgment. The court found that National Fire had no duty to defend or indemnify three underlying actions because certain policy exclusions preclude coverage. Plaintiffs argued in companion summary judgment motions that National Fire wrongfully disclaimed coverage for 28 underlying actions, causing Plaintiffs to incur costs in excess of their equitable share in defending and settling the actions. The court denied those motions, finding that National Fire had successfully demonstrated that Plaintiffs had not met their burden of showing National Fire owed a duty to defend the underlying actions. Mary Beth Forshaw, K. Lucy Atwood, and Peter Jordan represent National Fire.