Simpson Thacher Wins Ninth Circuit Appeal for National Indemnity Company
On June 24, 2026, the Ninth Circuit affirmed the dismissal of a bad faith class action complaint against Berkshire Hathaway’s National Indemnity Company. The case was brought by individuals allegedly injured by mining activities in Libby, Montana. They claimed the State of Montana was responsible for their injuries and National Indemnity had an obligation to pay their claims as the State’s insurer. In affirming the motion to dismiss, the Court held that because National Indemnity had a reasonable basis to contest coverage Plaintiffs could not sustain a bad faith case under Montana law.
The case is Coleman, et al. v. National Indemnity Company, No. 25-4982 (9th Cir.).
Bryce Friedman argued the appeal for National Indemnity, which was also represented by Matthew Penny, Kelsey Vickery, and Whitney Forbis.