District Court Denies Benzene Defendant Summary Judgment in Reimbursement Dispute with Co-Defendant

NEW ORLEANS –– A Louisiana federal court has denied a towing defendant’s summary judgment motion, saying that fact issues remain as to whether an agreement between the benzene defendants encompassed all maintenance and cure costs or just those paid out of pocket.

In the Jan. 15 order, the U.S. District Court for the Eastern District of Louisiana wrote that “nothing of record reveals whether the parties intended the reimbursement agreement to cover benefits paid by the group policy health insurers.”

“This owes,” the District Court said, “at least in part, to the parties’ failure to reduce their agreement to …