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Bayer Roundup Claims Denied 12/12 10:23
Bayer Alleges AIG Unlawfully Refuses to Pay Billions Roundup Liability Claims
Bayer sued AIG Property Casualty Co., alleging the insurer refuses to pay
billions in Roundup liability claims under insurance policies purchased between
1967 and 1986.
Todd Neeley
DTN Environmental Editor
LINCOLN, Neb. (DTN) -- Bayer alleges AIG Property Casualty Co. has
repeatedly refused to honor liability insurance policies the company bought
between 1967 and 1986 that cover losses in Roundup litigation, in a
multi-billion-dollar lawsuit filed by Bayer in the Circuit Court of St. Louis
County in Missouri.
About 149,000 plaintiffs have filed more than 56,000 lawsuits alleging
Roundup causes non-Hodgkin's lymphoma, resulting in Bayer paying more than $10
billion in settlements.
All the while, Bayer told the court, AIG continues to refuse payment "many
months" past the time periods they were obligated to pay on the policies.
"Old Monsanto timely paid all premiums and old Monsanto and/or Monsanto
satisfied all terms and conditions and/or prerequisites to coverage for the
underlying claims under the AIG policies," the lawsuit said.
"Monsanto has satisfied its duties of cooperation under the AIG polices as
well as all other policy conditions that are potentially applicable with
respect to obtaining coverage for the underlying claims. The documents and
other information that Monsanto provided to the AIG insurers confirm that
Monsanto's demands set forth above are covered by, and/or are otherwise in
conformity with, the subject AIG policies."
In addition, Bayer alleges AIG also has not paid out claims on more than
$1.9 billion in settlements reached on PCB claims. PCBs, or polychlorinated
biphenyls, are chemicals used in manufacturing.
The Bayer lawsuit was filed as the company also continues to wait for a
decision from the Supreme Court on the company's petition filed on state and
federal labeling laws and their effect on future Roundup litigation. See more
about that here:
https://www.dtnpf.com/agriculture/web/ag/crops/article/2025/12/02/us-solicitor-g
eneral-backs-bayers.
The AIG insurance covers the period during which alleged injury and exposure
to Roundup occurred, according to the lawsuit. The Roundup lawsuits started
around 2015. Liability insurance policies are written as occurrence policies,
meaning they cover damages from incidents that occurred during the policy
period.
Bayer asked the court to declare AIG must cover defense and settlement costs
on the claims until policy limits are exhausted. The company also is seeking
compensation for AIG's failure to pay and has asked for a jury trial.
The policies at question are excess liability policies that pay only after
underlying insurance is exhausted. The actual amount AIG owes, according to the
lawsuit, depends on how costs are allocated across all of Bayer's insurance
policies.
According to Bayer's complaint, the policies require payment within 30 to 60
days of demand. However, AIG refused demands made by Bayer on glyphosate in
July, October and December in 2024, Bayer alleges in the lawsuit.
"The AIG insurers have engaged in a relentless pattern of making meritless
excuses and contending that, despite the documents that Monsanto has produced
and the other information that Monsanto has otherwise provided, they do not
have enough information to determine coverage," Bayer said in the lawsuit.
"The AIG insurers attempted to justify their refusals by asserting numerous
meritless excuses and purported defenses."
AIG declined to comment on this article.
Todd Neeley can be reached at todd.neeley@dtn.com
Follow him on social platform X @DTNeeley
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