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Insurer doesn’t have to cover cleanup of California sites

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Relying on California law and a case from 2006, the Indiana Court of Appeals affirmed that an insurer of former film-processing sites has no obligation to indemnify Thomson Inc. for the remediations of three California locations.

Thomson acquired the assets of Technicolor Inc., which included three contaminated former film-processing sites in Hollywood, North Hollywood and West Drayton, Calif. Local environmental authorities ordered Thomson to cleanup the sites. Remediation has already cost more than $6.5 million for the sites.

Thomson sought indemnification from Continental, which insured Technicolor from 1969 to 1974. It claims the umbrella policy from Continental covers losses from orders from administrative agencies; Continental claimed the policy is limited to losses resulting from courtroom litigation.

Marion Superior Judge Michael Keele agreed with Continental’s argument, which the Court of Appeals upheld. Relying on California insurance law and CDM Investors v. Travelers Cas. & Sur. Co., 139 Cal. Rptr. 3d 669, 674 (Cal. Ct. App. 2006), the judges found that the policy’s definition of “ultimate net loss” does not expand the general definition of “damages” so that administrative orders are covered.

“Following the California Court of Appeal’s decision in CDM Investors, we conclude that the Umbrella Policy limits Continental’s indemnity obligations to ‘damages.’ Consequently, Continental has no obligation to indemnify Thomson for the remediations of the Hollywood, North Hollywood, and West Drayton sites as a matter of law,” Judge Cale Bradford wrote in Thomson, Inc., n/k/a Technicolor USA, Inc., Technicolor, Inc., and Technicolor Limited v. Continental Casualty Co.; Travelers Casualty & Surety Co. & Travelers Property Casualty Co. of Am., et al., 49A05-1201-PL-24. 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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