White and Williams Coverage Attorneys Successfully Enforce Settlement Agreements Against New Claims
In two matters resolved in 2011, members of the Insurance Coverage and Bad Faith Practice Group of White and Williams prevailed in arbitrations to enforce settlement agreements between two of the firm’s clients and former corporate policyholders that were asserting new claims.
Century Indemnity Company, et al v. Compaction Systems Corporation, et al. (District of New Jersey) and Syngenta Crop Protection, LLC v. Insurance Company of North America, et al. (Superior Court of New Jersey, Union County) involved claims for insurance coverage for substantial environmental liabilities asserted by former policyholders of the firm’s clients.
In both cases, the firm asserted on behalf of its insurer clients that the claims had been released under the terms of settlement agreements arising from earlier coverage litigation. The disputes were referred to arbitration and, in each case, the arbitrator ruled in favor of the firm’s clients finding that the settlement agreements in question barred coverage for the newly asserted claims. The arbitration awards were subsequently confirmed and reduced to judgments by the courts.
Robert Walsh and Michael DiFebbo represented the firm’s client in Century v. Compaction Systems action; the Syngenta Crop v. INA action was handled by Robert Walsh and Christopher Michaels.