Hercules Inc. v. AIG Aviation, Inc.

OPINION AND ORDER

SILVERMAN, Judge.

This is an insurance coverage case. Hercules demands millions that it paid to settle a suit under the federal False Claims Act. 1 In broad terms, the federal litigation concerned Hercules allegedly billing and misbilling the United States for substandard aerospace products delivered under various contracts in the 1980s.

Hercules’ insurers have moved for dismissal or summary judgment on alternative grounds. First, the insurers contend that the federal litigation involved uninsured fraud against the United States, as opposed to the insured occurrence of property…