A Utica National Insurance Group unit is suing a boiler manufacturer over coverage for a portion of a $38 million verdict in asbestos injury litigation representing punitive damages.
The $6.5 million in punitive damages are uninsurable under controlling law, Utica Mutual Insurance Co. said in its complaint against Burnham LLC, filed Thursday in the US District Court for the Eastern District of Pennsylvania.
After the $38 million verdict against Burnham was entered, Utica and the manufacturer failed to agree on how the judgment would be paid, according to the complaint.
Utica requested that Burnham pay the $6.5 million because the ...