Dinsmore Attorneys Earn Summary Judgment for Insurance Client in Toxic Exposure Case

September 24, 2020Quotes & Mentions

Dinsmore attorneys John Berry and Nicholas Godfrey earned a favorable result last week when a Pennsylvania federal court deemed four insurers of a steel company, including a Dinsmore client, were not responsible for covering the insured's bodily injury claims. Law360 covered the summary judgment.


"U.S. District Judge William S. Stickman said that the carriers are not obligated to pay ... in an underlying toxic chemical exposure suit seeking compensatory damages for 'wantonness.' 


"In the opinion, Judge Stickman said [the carriers] are not obligated to provide coverage because the underlying suit never mentioned an 'occurrence,' which is defined as an 'accident' in the policy. The court does not believe wantonness relating to toxic chemicals exposure constitutes an accident because an act of wantonness is intentional, he said."

Read the full PDF of the article here.