N.Y. Appellate Court Upholds Denial of Cross-Motions For Summary Judgment in Monsanto Dispute

NEW YORK - A New York appellate court has affirmed a trial court’s denial of cross-motions for summary judgment in an action in which National Union Fire Insurance Co. is seeking reinsurance coverage from Everest Reinsurance Co. for a 2004 settlement of environmental contamination claims asserted against Monsanto Co.

On Nov. 5, the New York Appellate Division, 1st Department, agreed with the trial court that there are issues of fact concerning whether National Union Fire Insurance Co., settled with Monsanto in good faith.

In 1993, National Union and its affiliates settled massive coverage litigation arising from Monsanto's continuous manufacture …