Berkley Unit on the Hook for Norfolk Southern Death Suit Costs

A W. R. Berkley Corp. insurance unit must pay a Norfolk Southern Corp. subsidiary’s legal defense costs in a suit brought by the estate of a salvage contractor employee who died while working on railroad tracks.

Norfolk Southern Railway Co. presented enough evidence to show that the suit was potentially covered and triggered Nautilus Insurance Co.'s duty to defend, the US District Court for the Southern District of New York said in a Monday order.

The court declined to rule on whether the salvage contractor or the insurer had a duty to indemnify Norfolk for a potential settlement or judgment, ...