Ky. Federal Judge Denies Reinsurer’s Motion to Dismiss in Pollution Coverage Action

PADUCAH, Ky. — A Kentucky federal judge has refused to dismiss Fortitude Reinsurance Company Ltd. from a pollution coverage action, ruling that it is not clear at this stage in the case whether the reinsurer owes any liability to the policyholder.

In an Aug. 26 order, Senior Judge Thomas B. Russell of the U.S. District Court for the Western District of Kentucky explained that the parties need to produce the reinsurance contract for the court’s examination before the reinsurer’s liability, if any, can be determined.

CC Metals & Alloys LLC (CCMA) produces and supplies ferrosilicon alloys used in the manufacturing …