J. Manson

Following a train derailment and tankcar failure, the main action was settled.

The remaining parties brought summary judgment motions regarding third-party claims and contractual indemnity.

The court ruled that opinions in a Transportation Safety Board report are inadmissible, but factual observations are admissible.

The court also interpreted an indemnity clause under Illinois law, finding it did not require the lessee to indemnify the lessor for the lessor's own negligence.

Finally, the court granted summary judgment dismissing the third-party claim against the maintenance contractor, finding no evidence of a duty to inspect the failed welds and that the claims were barred by the US doctrine of preemption.

The plaintiffs brought a motion to compel answers to refusals from the examination for discovery of the defendant insurer's representative.

The underlying action involved a marine insurance claim for contaminated fish, which the insurer denied based on a process exclusion clause.

The Master ordered the insurer to make reasonable inquiries of a former underwriter and to answer questions about similar claims.

However, the Master refused to order production of a legal opinion obtained by the insurer, finding it was protected by solicitor-client privilege and that no waiver had occurred.