Univar v. Ins. Co. of PA
- Univar USA Inc. and VWR International, LLC (Univar) acquired primary insurance coverage from Fireman’s Fund Insurance Co. and American Insurance Co (FFIC) and excess coverage from Insurance Company of the State of Pennsylvania and Allstate for environmental contamination facilities it operated from the 1960s through 1980s. In 1992, Univar settled a claim with FFIC, and the settlement agreement stated FFIC’s policies were exhausted. Decades later, Univar tendered its liability for additional coverage to its excess insurers, Allstate and Insurance Co. of the State of Pennsylvania, who refused to defend or indemnify. In 2016, Univar sued the excess insurers for defense, indemnity coverage, bad faith, and consumer protection act and insurance fair conduct act violations. The parties filed competing summary judgment motions, which were denied. Following a bench trial, the court entered findings and conclusions in favor of the excess insurers. Univar appeals. COA #863096. King County Superior Court #16-2-19573-3 SEA.