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  • Louisiana Generating L.L.C. v. Illinois Union Insurance Co.

    This case concerns whether Illinois Union Insurance Co. has a duty to defend Louisiana Generating LLC in an underlying suit filed against it by the Environmental Protection Agency and the Louisiana Department of Environmental Quality for alleged Clean Air Act and state environmental law violations. "Remediation costs" are defined very broadly to include expenses incurred to redress pollution in compliance with environmental law, including, inter alia, costs associated with investigating, mitigating or abating pollution. This language providing coverage for remediation costs potentially covers the multiple prayers for relief in the complaint. The district court's holding is affirmed and the case is remanded. 5th U.S. Circuit Court of Appeals, No. 12-30651, 05-15-2013.
  • Phillips v. Metropolitan Life Insurance Co.

    The appellant challenges a summary judgment rendered in favor of Metropolitan Life Insurance Co. and the Verizon Employee Benefits Committee on her claim that MetLife, acting on behalf of VEBC, improperly withheld long-term disability benefits to which she was allegedly entitled. The record shows a reasonable basis to support the calculation of the appellant's annual benefits compensation. Lump sum pension benefits elected by a participant and rolled over into an IRA constitute benefits "received" by the participant for purposes of an offset to a monthly LTD amount. The trial court's judgment is affirmed. Dallas Court of Appeals, No. 05-11-00678-CV, 05-10-2013.

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