ILNews

Transfer granted in cleanup liability case

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted transfer Wednesday in a case involving environmental cleanup costs and which party would be liable to incur those costs.

At issue in Dreaded Inc., v. St. Paul Guardian Insurance Co., et al., No. 49A02-0701-CV-78, is whether St. Paul is liable for environmental cleanup defense costs incurred prior to receiving notice of potential liability from Dreaded about an environmental claim.

Dreaded received a claim letter in 2000 from the Indiana Department of Environmental Management demanding the company do a site characterization at their former truck center in Muncie. Dreaded didn't inform its insurer, St. Paul, of the claim until March 24, 2004. St. Paul agreed to pay all defense costs from March 30, 2004, and on, but refused to pay for any defense costs incurred prior to that date.

The trial court granted summary judgment in favor of St. Paul, finding the company not liable for the defense costs. Dreaded appealed the ruling, claiming its delay in notifying St. Paul of its claim was not a material breach of Dreaded's comprehensive general liability policy with St. Paul.

The Indiana Court of Appeals affirmed the trial court ruling that Dreaded's delay in informing St. Paul of an IDEM claim was unreasonable but reversed the summary judgment in favor of St. Paul because Dreaded had designated sufficient evidence to raise a genuine issue of material fact as to whether St. Paul had been prejudiced as a result of the delayed notice from Dreaded.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

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  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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