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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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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