Louisiana Court Sides with Insurer in Benzene Coverage Case

NEW ORLEANS –– A Louisiana federal court has denied a benzene defendant summary judgment in an insurance case, finding no ambiguity in a claims notification clause requiring the defendant to notify XL Specialty Insurance Co. of the underlying claims within 36 months.

In the June 5 opinion, the U.S. District Court for the Eastern District of Louisiana opined that insurers “have the same right as individuals to limit their liability, and to impose conditions upon their obligations….”

Stephen Scott filed the benzene lawsuit, contending that his employment with Settoon Towing caused him to be exposed to gasoline, diesel and crude …