CC Metals Says Fortitude Re Withheld Crucial Document in Ky. Pollution Coverage Action

PADUCHA, Ky. — CC Metals and Alloys LLC has asked a Kentucky federal judge for leave to file a sur-reply in opposition to Fortitude Reinsurance Company Ltd.’s summary judgment bid in a pollution coverage action, arguing that the reinsurer withheld a relevant contract document throughout the briefing.

In a Feb. 13 motion filed before Judge Clara Bloom of the U.S. District Court for the Western District of Kentucky, CCMA says Fortitude Re only produced the missing document — which shows that Fortitude Re is an assumption reinsurer — for the first time in response to CCMA’s motion for leave.