Foley & Lardner LLP

Defended Suit Seeking to Rescind Settlement Agreement

Obtained summary judgment for a leading U.S. property and casualty carrier in litigation filed by a major consumer products company seeking to rescind a settlement agreement entered years earlier and additional coverage for environmental pollution claims. The plaintiffs alleged that they induced to enter into the agreement by our client's misrepresentations regarding the existence of allegedly lost policies, failure to disclose material information, breach of fiduciary duties and bad faith. Following extensive discovery, we were awarded summary judgment in a lengthy opinion examining and ultimately rejecting the legal theories and factual contentions asserted by the plaintiff.