Steptoe Wins for Insurance Client

March 23, 2010

Steptoe scored a major victory for client United States Fidelity and Guaranty Company (USF&G) in the Louisiana Court of Appeal for the First Circuit. The Court of Appeal reversed the trial court and held that the USF&G insurance contracts issued to a fuel supplier did not provide coverage for damages awarded due to fear of cancer and emotional distress, as the claimed injuries took place outside of the policy periods at issue. The court noted that the case did not involve a "latent manifestation injury," but rather involved claims for emotional distress that could reasonably have occurred only after plaintiffs were on notice of possible exposure to carcinogens, which in this case did not occur until long after the insurance policies at issue had expired. Frank Winston argued the case and the briefing team consisted of Alice Loughran and Zachary Neal (both DC).