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Pa. Judge Doesn t Want Asbestos Coverage Row In Fed. Court
Law360 (March 31, 2021, 9:37 PM EDT) Pennsylvania National Mutual Casualty Insurance Co. must find out whether it is liable for covering 34 asbestos death and injury suits against Covil Corp. in state court, a South Carolina federal judge has ruled, granting Covil s bid to toss the carrier s suit.
U.S. District Judge Bruce Howe Hendricks sided with Covil on Tuesday, holding that allowing the insurer s suit to move forward would result in unnecessary entanglement. An ongoing state court action deals with the same issue under the same principles of South Carolina insurance law and can resolve the dispute more efficiently, the judge said.
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The Third Circuit Court of Appeals recently affirmed an order unsealing an arbitration award because the award had been filed with the district court as part of confirmation proceedings and the recipient of the award had not demonstrated a specific harm sufficient to overcome the presumption of public access to documents filed with the courts.
Pennsylvania National Mutual Casualty Insurance Co. arbitrated whether it “was entitled to proceeds based on insurance claims it made to [two of its] reinsurers.”
The arbitration panel issued an award in Penn National’s favor, and Penn National petitioned the district court to confirm that award. As part of the confirmation process, Penn National filed the award with the court, which granted Penn National’s motion to seal the award.