Insurers Win Reversal Of $2.8M Award To Flare Co.

Law360, Chicago (January 23, 2014, 7:31 PM EST) -- An Indiana appeals court on Thursday freed GAN North American Insurance Co. and Chubb Custom Insurance Co. from covering $2.8 million of defense costs incurred by a signal flare manufacturer in lawsuits over perchlorate contamination at the company’s facilities.

In a 22-page opinion, the three-judge appeals panel reversed a lower court’s summary judgment decision in favor of Standard Fusee Corp., finding that the insurers had no duty to defend the company due to a “total pollution exclusion” in the relevant policies.

“[W]e conclude that the total...
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