Ann Maher May 14, 2013, 5:33pm

A case management conference is scheduled May 29 in a suit brought by Apex Oil over its insurance company’s alleged failure to defend a Madison County asbestos suit.

Apex sued Arrowood Insurance last December for defense costs it incurred in defending a 2010 lawsuit filed by Mary Krohn over the death of her husband, Richard A. Krohn, who worked for Clark (Oil) from 1957-1996. Apex is successor to Clark.

Arrowood has responded by saying it is not obligated to defend under the terms of the policy. It says it is not legally obligated to pay when damages involve “bodily injury by accident or by disease, including death.”

Apex seeks an award for the amount spent defending itself in the Krohn lawsuit, plus attorneys’ fees, pre- and post-judgment interest, costs and other relief the court deems just.

William J. Knapp and Heather Mueller-Jones of Knapp, Ohl and Green in Edwardsville represent Apex.

Gary Meadows of HeplerBroom in Edwardsville represents the defense.

The case had been assigned to Circuit Judge Andreas Matoesian, but was transferred to Circuit Judge William Mudge after Arrowood sought substitution as a matter of right.

Madison County Circuit Court case number: 12-L-1962.

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