The California Court of Appeal has affirmed that Lloyd’s of London and other insurers cannot escape coverage for $132.5 million in settlements arising from the 2008 Chatsworth train crash, in which 25 individuals were killed and more than 130 injured. In Those Certain Underwriters at Lloyd’s, London v. Connex Railroad LLC, No. B276373, 2018 WL 1871278 (Cal. App. 2d Dist. Apr. 19, 2018), the Second District Court of Appeal affirmed the Los Angeles Superior Court’s ruling, discussed in our November 9, 2015 blog post, that the insurers were obligated to indemnify Connex Railroad for the settlements.
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.