Summary Judgment Victory for Insurance Client

Frank Winston led the Insurance team that obtained a summary judgment victory on behalf of Fidelity and Guaranty Insurance Underwriters, Inc. (FGIU), a subsidiary of St. Paul Travelers, against Nationwide Tanks, Inc.  The case, heard in the US District Court in the Southern District of Ohio, involved the rupture of one of Nationwide Tanks’ above-ground storage facilities that caused extensive property damage.  FGIU defended Nationwide Tanks in the underlying action, and simultaneously filed a declaratory judgment action in the US District Court for the Southern District of Ohio against its dissolved policyholder, seeking a declaration that its policy did not provide coverage for the claim at issue.  The underlying plaintiffs intervened in the Federal Court coverage action, claiming that the FGIU policies provided coverage for the claims at issue and that underlying plaintiffs were entitled to the insurance proceeds.  The Ohio Federal District Court granted FGIU summary judgment on the grounds that the alleged injury took place outside of FGIU’s policy period.

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