Benzene Defendant Seeks Summary Judgment, Says It Notified Insurer XL Specialty ‘Within Reasonable Time’

NEW ORLEANS –– A benzene defendant has asked a Louisiana federal court to award it summary judgment in a declaratory action, saying that the circumstances of the underlying claims did not permit it to notify the insurer of the action within 36 months of the policy’s cancellation.

In the May 2 motion filed in the U.S. District Court for the Eastern District of Louisiana, Settoon Towing –– which has since reached a settlement agreement with the underlying benzene plaintiffs –– says that its insurer errs relying on a “claims notification clause” to deny coverage.

Settoon Towing claims in its …