Jury Trial Should Not Be Limited To Defense Costs, Insurer Tells 9th Circuit

( April 23, 2025, 12:15 PM EDT) --  XE "Pollution Exclusion"  XE "Environmental Contamination" SAN FRANCISCO — An insurer filed a petition for panel rehearing in the Ninth Circuit U.S. Court of Appeals, contending that the panel should modify its recent opinion and remand for a jury trial on all of the damages claimed by an insured in an environmental contamination coverage suit rather than remand only for a jury trial to determine the reasonableness of the defense costs incurred by the insured from the date of the insured’s tender of the underlying complaint through the date of the district court’s order....