A Philadelphia judge in the commerce program has ordered an excess insurer to defend a manufacturer facing potential liability for a product failure that allegedly caused a 1998 Montgomery County gasoline leak from a service station.
Philadelphia Court of Common Pleas Judge Patricia A. McInerney, writing in an October 24 opinion in Titeflex v. National Union Fire Insurance Co. of Pittsburgh, rejected the excess insurer’s argument that manufacturer Titeflex’s primary insurance policy was not already exhausted.
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