In The News

Declaratory Judgment Action Dismissed

8/25/2004

In 2003, Union Carbide Corporation filed a declaratory judgment action against 71 insurance companies in the Circuit Court of Kanawha County in an effort to obtain insurance coverage for thousands of underlying asbestos bodily injury claims pending against it. The Tinney Law Firm represented American Reinsurance Company and 23 European insurance companies who were named as defendants.

The defendants moved to dismiss the case pursuant to the forum non conveniens doctrine. On August 25, 2004, the Circuit Court granted defendants' motion, finding that the defendants overcame Union Carbide's choice of forum by demonstrating West Virginia's minimal connection to the subject matter of the lawsuit and proving the case could be tried more efficiently in a New York court.

Union Carbide Corporation v. Affiliated FM Ins. Co., Civil Action No. 03-C-2246 (August 25, 2004)