TAMARA L. NOVOTNY OBTAINS SUMMARY JUDGMENT IN NORTH DAKOTA INSURANCE COVERAGE CASE

Tamara L. Novotny received a favorable Order in January 2019 wherein a North Dakota federal judge found her client, a commercial trucking insurer, did not have a duty to defend or indemnify various entities, including the owner of an oil well, in two lawsuits brought by truck drivers who suffered serious burn injuries from a flash fire.  The oil well owner and others argued they were entitled to coverage as additional insureds and/or pursuant to an agreement entered into with the insurer’s named insured.  The court found the drivers’ injuries were related to hydrofracking and the storage and disposal of flowback and, therefore, fell squarely within the insurer’s unambiguous hydrofracking exclusion endorsement.