Insurer Seeks Summary Judgment on Bad Faith Claim in Benzene Coverage Brawl

CINCINNATI — Illinois National Insurance Co. has moved for summary judgment on a bad faith claim in an Ohio federal coverage dispute involving a $4.25 million benzene exposure settlement, arguing that it fails under Ohio case law.

In a March 23 motion filed in the U.S. District Court for the Northern District of Ohio, Illinois National asserts the claim is barred under the Ohio Supreme Court’s ruling in Marginian v. Allstate Insurance Co. that where an insurer defends an underlying claim against its insured, “a cause of action alleging a breach of the insurer’s duty of good faith will not …