Indian Harbor Needn't Cover Contaminated-Oil Costs: Judge

Law360, New York (September 10, 2012, 5:35 PM EDT) -- A New York federal judge on Monday threw out a breach of contract suit against Indian Harbor Insurance Co. seeking indemnity for legal and remediation costs linked to PCB-contaminated fuel oil, ruling that a discharge of pollutants necessary to trigger the policy never occurred.

U.S. District Judge Deborah A. Batts rejected Colonial Oil Industries Inc.'s argument that contaminated fuel oil was “discharged” when the tank containing the oil was removed from a delivery truck into Colonial holding tanks. Because there was no spill, leak or other...
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