United States Fidelity Guaranty Co. v. Warsaw Chemical Co. - 4/30/13

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Tuesday  April 30, 2013 
1:30 PM  EST

1:30 p.m. 49A04-1203-CT-97. In this litigation, Appellee/Cross-Appellant Warsaw Chemical Company seeks indemnity from its insurer Appellant/Cross-Appellee United States Fidelity and Guaranty Company (“USF&G”) for an environmental cleanup. USF&G appeals from the trial court’s grant of summary judgment in favor of Warsaw Chemical, who also cross-appeals, challenging certain rulings in favor of USF&G and arguing an alternate ground on which it was entitled to summary judgment. USF&G contends that the trial court erred in ruling that a (1) 1992 release executed by Warsaw Chemical did not cover certain insurance policies, (2) Warsaw Chemical’s claim was not time-barred, (3) coverage existed under the personal injury provisions of its policy with Warsaw Chemical, and (4) all of Warsaw Chemical’s costs were covered even if coverage did exist. Warsaw Chemical responds to all of these arguments and additionally claims that (1) the Court of Appeals should affirm for the alternate reason that coverage exists under property damage provisions of the relevant policies and (2) it is entitled to prejudgment interest.

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