Update: A federal district judge has denied a group of policyholders' motion to reject Coca-Cola's claim for lawyer fees in a cross-border dispute resolution.
As we discussed in a previous post on this case, Coca-Cola claims that the insurance companies mistakenly refused to cover nearly $ 1 million in business interruptions such as that suffered in two Nepal bottlenecks originating from a blockade of the border. Nepal and India. In its complaint, Coca-Cola has brought an action for a breach of contract and legal fees, among other things, requested. Coca-Cola's insurers moved to reject their claim for lawyer fees based on the fact that Coca-Cola had not claimed a claim as to which relief could be granted.
Judge of the United States Thomas W. Thrash, Jr. denied the insurers' "motion to reject Coca-Cola's claim for legal fees and write that it was" too early to determine at this stage whether or not the plaintiff is claiming a lawyer's fees ". just need to give the defendant fair notice about the claimant's claim and the reasons for it, "cites Bell Atl Corp. v. Twombly 550 US 544, 556 (2007).
You can read our earlier
You can also view our latest blog posts with similar cross-border insurance questions here, here and here.
See also Oehninger, Sergio, co-author, Border insurance coverage, New Appleman Insurance Law, LexisNexis Publishers, September 1