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New York Appellate Division Affirms Judgment Finding that Insurers Owe No Coverage in PFAS Environmental Contamination Claims

January 2022 | Category: News, Recent Successes

BatesCarey partner Agelo Reppas recently secured an important victory before the New York Appellate Division, Third Department, which unanimously upheld a judgment finding that two AIG insurers owe no coverage in connection with PFAS environmental contamination claims. Tonoga, Inc. v. New Hampshire Ins. Co., No. 532546, 2022 WL 52903 (N.Y. App. Div. Jan. 6, 2022).

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Counterclaim in Admiralty Case Does Not Create Right to Jury Trial

December 2021 | Category: News
Under the U.S. Federal Rules of Civil Procedure, when a plaintiff invokes a federal court’s admiralty jurisdiction, the parties are not entitled to a jury trial. Applying this principle, a federal district court recently held that, when a policyholder defendant’s counterclaims to a maritime insurance coverage action invokes a separate basis for federal court jurisdiction, the defendant still does not have a right to a jury trial.

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Fifth Circuit Overturns Precedent Deeming Maritime Statute’s Time Bar Jurisdictional

December 2021 | Category: News

The 1851 Limitation of Liability Act allows qualifying vessel owners to limit their liability after maritime accidents. However, this statute imposes a time limit on vessel owners. Previously, the Fifth Circuit had held that this time bar was a jurisdictional rule, but earlier this month held that a U.S. Supreme Court case implicitly overruled an earlier case and the Limitation of Liability Act’s time bar is nonjurisdictional.

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