Michael A. Hamilton, partner and leader of the firm’s Global Insurance Services teams in Pennsylvania and Ohio, discussed with Law360 the implications of a recent U.S. Supreme Court decision declining to review a Third Circuit panel’s ruling.

The ruling found there would be no insurance coverage for the $13 million in damages to hydraulic fracturing wells.

“It is a state contract interpretation case,” said Michael, noting he was not surprised by the high court’s decision not to review the ruling. The crux of the matter, he said, revolved around the application of the insurance policy provisions under Pennsylvania law, rather than federal law.

“Superior Well,” said Michael “tried to make it a federalism question to gain the interest of the Supreme Court, but it is not.”

READ THE FULL ARTICLE HERE: “Justices’ Pass On Fracking Coverage Unsurprising To Attys,” Law360, January 29, 2024 (Subscription required)

MORE ABOUT GOLDBERG SEGALLA’S Michael A. Hamilton:

Michael A. Hamilton handles sophisticated and high-exposure insurance coverage claims and commercial litigation. As a leader of the firm’s Global Insurance Services Pennsylvania and Ohio teams, Mike focuses his practice on environmental, professional liability, construction defect, transportation, and business torts/advertising injury claims. He has been lead defense counsel in class action litigation, representing insurance companies, self-insurers, and transportation entities. He also has extensive appellate experience, arguing numerous appeals in state and federal courts across the country.