BorgWarner Should Cover PCB Claims, Kuhlman Contends

Law360, New York (April 11, 2012, 5:35 PM EDT) -- Kuhlman Electric Corp. asked a Mississippi federal judge on Tuesday to force BorgWarner Inc. to indemnify the company against environmental claims over its release of polychlorinated biphenyls, saying BorgWarner was obligated under a merger agreement.

Automotive parts supplier BorgWarner acquired Kuhlman in 1999 and agreed in the merger agreement to cover Kuhlman against certain environmental claims, including the thousands of toxic tort suits underlying this case, as BorgWarner has admitted in court documents, according to Kuhlman.

BorgWarner holds Travelers Indemnity Co. to be responsible for covering...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.