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Thursday, January 7, 2021 The First Circuit recently held that a “Special Hazard and Fluids Limitation Endorsement” was ambiguous and therefore there was excess coverage for a fuel spill that occurred after a tanker-truck overturned. In  Performance Trans. Inc. v. General Star Indem. Co., the First Circuit reversed the District Court’s grant of summary judgment in favor of General Star Indemnity Company. The District Court held that the excess policy General Star issued to Performance Trans. Inc. precluded coverage for a spill that resulted in the leaking of thousands of gall...

Unclear Policy Endorsement Makes Excess Insurer Liable for Fuel Spill By Claims Journal staff | December 21, 2020 Confusing language in a policy issued by an excess insurer puts the carrier on the hook for up to $5 million in clean-up costs after a policyholders’ tanker truck overturned and spilled its load of fuel, the 1st Circuit Court of Appeals ruled Friday. The appellate panel reversed a decision by the U.S. District Court in Worcester to dismiss a lawsuit filed against General Star Indemnity Co. and ordered judgment in the policyholder’s favor. Th...