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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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