STORY FROM: Benzene & Emerging Toxic Torts Litigation

8th Circuit Affirms Ruling in Benzene-Related Insurance Dispute; Valspar Moves for Rehearing

ST. LOUIS –– The 8th Circuit U.S. Court of Appeals has affirmed a judgment entered in a benzene-related insurance dispute, agreeing with the District Court that one insurer is entitled to equitable contribution from another.

In the Feb. 9 opinion, the 8th Circuit concluded that Valspar’s agreement to pay National Union Fire Insurance Co. of Pittsburgh, PA, costs and Continental Insurance Co.’s agreement not to recover defense costs from Valspar are “distinct obligations.”

On Feb. 23, Valspar moved the court to rehear the dispute, maintaining that the panel had misread the plain language of the parties’ direct payment agreement.

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Associated Documents
Opinion
Rehearing Petition



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