A federal judge has decided that Lexington Insurance Co. is off the hook for claims arising out of numerous personal injury lawsuits filed against Bausch & Lomb Inc. for its ReNu with MoistureLoc contact lens solution
The Rochester-based eye-care company sued the subsidiary of insurance giant American International Groupin 2008, arguing that Lexington was trying to dodge its obligations to provide liability coverage after close to 2,000 consumers sued alleging their use of MoistureLoc was responsible for an outbreak of a rare fungal eye infection.
But in his ruling issued last week, U.S. District Judge Michael Telesca agreed with Lexington’s defense that each alleged injury should be treated as a separate event, meaning that Lexington would only need to provide coverage once certain liability thresholds are met in each individual case.
B&L spokesman Michael McDougall said the company was “disappointed with this decision, and we are currently reviewing and evaluating appellate options.” B&L declined to comment on the potential financial impact of the ruling. Read the full story at Democrat adn Chronicle
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