Insurer Not Obligated to Indemnify Bausch & Lomb, Court Affirms

NEW YORK - An insurer is not obligated to indemnify Bausch & Lomb Inc. for losses arising from injury claims related to its ReNu MoistureLoc contact lens solution because the policies' maintenance retention obligations were not reached, a federal appeals court has affirmed. Bausch & Lomb Inc. v. Lexington Insurance Co., No. 10-0310 (2nd Cir.).

On March 11, the 2nd Circuit U.S. Court of Appeals ruled that the policies did not group consumer exposures into one "occurrence." However, the appellate court remanded the issue of whether Lexington Insurance Co. was required to provide defense to B&L after exhaustion of the …