Judge Denies Motion to Dismiss Welding Manufacturer’s Coverage Suit

CLEVELAND — A federal judge has denied a dismissal motion by insurers for welding product manufacturer Lincoln Electric Co., finding that the welding fume defendant offered sufficient factual allegations in the complaint to withstand dismissal. Lincoln Electric Co. v. Travelers Casualty and Surety Co., et al., No. 1:11-cv-2253 (N.D. Ohio).

Judge Donald C. Nugent of the U.S. District Court for the Northern District of Ohio also ruled June 7 that the issue of whether a prior settlement agreement controls the allocation of losses in the insurers’ umbrella policies should be left until after discovery.

Lincoln is seeking coverage of welding …