Insurer Can't Escape Defense Duty In Ind. Landfill Cleanup

Law360, Los Angeles (June 5, 2015, 7:54 PM EDT) -- An Indiana federal judge on Thursday refused to revisit his decision that United States Fidelity and Guaranty Co. must defend American Chemical Service Inc. in a U.S. Environmental Protection Agency action alleging the company is responsible for environmental cleanup costs at a Superfund site in Indiana.

U.S. District Judge Joseph S. Van Bokkelen denied USF&G's motion for reconsideration of his April ruling granting ACS partial summary judgment, finding the insurer didn't assert any new facts or arguments in challenging his holding that letters the EPA sent to ACS constitute a "suit" under the policies and his interpretation of a settlement agreement...

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