Fed. Circ. Revives Insurer's Military Base Cleanup Suit

Law360, Chicago (January 11, 2013, 5:12 PM EST) -- The Federal Circuit on Friday reinstated Indian Harbor Insurance Co.'s suit demanding reimbursement from the federal government for environmental cleanup costs at property that was once a military base, finding the U.S. Court of Federal Claims misinterpreted the National Defense Authorization Act.

The U.S. Court of Federal Claims dismissed the suit in October 2011, ruling that the insurer had failed to identify a claim for personal injury or property that triggered the government's duty to indemnify it under Section 330 of the NDAA. The Federal Circuit...
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