Pa. Court Allows Coverage Suit Over Micon Isocyanate Grout Claims to Move Forward

PITTSBURGH – A federal court has denied Essex Insurance Co.’s motion to dismiss indemnity and contribution claims by two other insurers arising from mine workers’ isocyanate-injury suits against their mutual insured, Earth Support Services Inc. (d/b/a Micon).

Magistrate Judge Maureen P. Kelly of the U.S. District Court for the Western District of Pennsylvania did dismiss claims by plaintiff insurers for delay damages, but also rejected Essex’s efforts to join a fourth carrier, Hartford Fire Insurance Co. as a necessary party to the action.

National Union Fire Insurance Company of Pittsburgh, Pa., and American Home Assurance Co. allege that Essex failed …