Welding Rod Defendant Moves To Dismiss Insurer's Declaratory Judgment Suit

BALTIMORE -- A company defendant involved in the nationwide welding rod litigation has moved to dismiss a coverage action by its insurance company, asserting that the complaint is ambiguous and fails to depict a clear controversy between the two parties. United States Fire Insurance Company v. Clendenin Brothers, Inc., et al., No. 1:03-CV-3308 AMD (D. Md.).

The motion, filed on Jan. 9 in the U.S. District Court of Maryland, asked that the complaint by U.S. Fire Insurance Co. against Clendenin Brothers Inc. be dismissed or, in the alternative, amended. U.S. Fire contended in a Feb. 6 response that the language …