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7th Circ. Won't Revive Rail Co.'s $10M Cleanup Coverage Row

Law360 (May 16, 2019, 8:13 PM EDT) -- The Seventh Circuit on Thursday rebuffed rail supply company Varlen Corp.'s bid for more than $10 million in coverage from Liberty Mutual over costs of remediating groundwater contamination at two industrial sites, saying a lower court properly barred expert testimony that would have defeated a pollution exclusion in Varlen's policies.

An appellate court panel affirmed U.S. District Judge Joan B. Gottschall's 2017 holding that Varlen can't present a geologist's conclusion that the releases of contaminants at the two sites were "sudden and accidental," which would trigger an exception to the pollution exclusion.

Without that testimony, the district judge found, Varlen can't...

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Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - 7th Circuit

Nature of Suit

4110 Insurance

Date Filed

October 25, 2017

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