Insurers To Indemnify $132 Million Loss From Train Collision Allegedly Caused By Texting Engineer, FC&S Legal
November 9, 2015

In Those Certain Underwriters at Lloyd’s London et al. v. Connex Railroad LLC, a Los Angeles trial court found that an insurer must indemnify its insured railroad for $132 million in claims arising out of a commuter train collision caused by alleged texting by engineer.  In finding for the insured, the court rejected application of the policies’ “intentional acts” exclusion, holding that the exclusion only applies where the insured would have known that the injuries and damages actually suffered would immediately and directly flow from the insured’s intentional acts.