Fertilizer Co. Can't Tap Predecessor's Policies For Cleanup

By Jeff Sistrunk (December 18, 2019, 5:22 PM EST) -- A South Carolina state appellate court on Wednesday affirmed a lower court's ruling that fertilizer manufacturer PCS Nitrogen Inc. cannot turn to a predecessor's insurance policies to cover its costs to remediate contamination at an industrial site.

A three-judge panel of the state Court of Appeals upheld a trial judge's ruling rejecting PCS' bid to force more than a dozen insurers to cover its costs to clean up a Superfund site in Charleston under primary and excess policies issued to a predecessor company, Columbia Nitrogen Corp., from the 1960s through the 1980s.

The policies in question — issued by units of...

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