9th Circ. Chubb Ruling Bars Insurer's Superfund Suit, US Says

Law360, New York (May 8, 2013, 2:19 PM EDT) -- Citing the Ninth Circuit’s recent Chubb Custom decision, the federal government Tuesday asked a California federal judge to toss an insurer’s Superfund lawsuit seeking reimbursement for cleanup costs at a former munitions plant, saying it erred by suing before its policyholder sought payment from Uncle Sam.

In a motion to dismiss, government attorneys said Chartis Specialty Insurance Co. had failed to satisfy a requirement in the Comprehensive Environmental Response, Compensation and Liability Act that public funds be given to a claimant — in this case, the...
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