Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13

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Wednesday  June 12, 2013 
1:00 PM  EST

1 p.m. 49A04-1208-PL-400. Thomson, Inc. n/k/a Technicolor USA Inc. (“Thompson”), sued several insurance companies, including Northern Assurance Co. of America as successor in interest to Employers Surplus Lines Insurance Co. (“ESLIC”), seeking insurance coverage for environmental damages at three sites owned by Thomson.  Both parties later filed motions for summary judgment.  The trial court denied ESLIC’s motion for summary judgment and granted Thomson’s motion for summary judgment, concluding that Thomson was entitled to coverage under the policies ESLIC had issued.  ESLIC appeals and argues that the trial court should have applied California law when interpreting the ESLIC policies and that, if California law is applied, Thomson has no coverage under the ESLIC policies for cleanup costs at the contaminated sites because Thomson’s cleanup costs do not constitute damages resulting from a suit brought against Thomson. 

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