Dismissal of Direct Action Claim in Marine Insurance Coverage Dispute

Christopher Carey, Special Partner, Pugh Accardo, prevailed on a Motion for Partial Summary Judgment, dismissing a general maritime law personal injury Direct Action claim against a contractor’s Marine General Liability insurer. After investigation, it was determined that the barges on which the alleged accident occurred were not owned by the insured or listed on the Vessel Schedule made part of the Policy’s Protection & Indemnity coverage section. The MGL insurer initially defended under a Reservation of Rights and then declined coverage and withdrew its defense. The MPSJ followed.