An insurance company being sued for allegedly refusing to defend Apex Oil in a Madison County asbestos lawsuit has responded by saying it is not obligated to do so under terms of the policy.
In a suit against Arrowood Insurance, Apex wants the insurer to pay 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.
According to Apex, Arrowood issued workers’ compensation insurance to Clark when Richard Krohn worked for the company.
In a Feb. 7 response to the lawsuit, Arrowood claims it is not legally obligated 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 is assigned to Madison County Circuit Judge Andreas Matoesian.
Madison County Circuit Court case number: 12-L-1962.