Garlock’s “plaintiff’ fraud” claims apparently will not be tested on the merits in Kentucky as it just lost an intermediate court appeal. Like the trial court, the appellate court tossed the case based on statute of limitations grounds. There, the jury apportioned fault among some 20 defendants, but Garlock alleged that a different four were key, and that plaintiff failed to do enough to help Garlock with its case investigation. The Goldberg Segalla blog includes a March 7, 2016 post that provides a more detailed summary of the case, and a link to the new opinion.
No doubt the posturing and litigation will continue as both sides jockey for position. For some commercial general liability insurers, yelling “fraud” has been a them for some years now, and no doubt they will continue yelling fraud for many more years, except when some get caught defrauding insureds.