The Indiana Court of Appeals will hear arguments at Vincennes University Thursday in a case that seeks to determine who is responsible to pay costs and expenses related to environmental contamination.
In P.R. Mallory & Co., Inc., et al., v. American Casualty Co., et al., No. 54A01-0903-CV-142, the trial court granted summary judgment in favor of American Casualty Co. and other defendants in P.R. Mallory & Co.'s suit maintaining that the defendants were obligated to pay for expenses for environmental pollution cleanup, and on the claims of breach of contract or anticipatory breach of contract. The trial court ruled the plaintiffs provided late notice to American Casualty and the other defendants under the insurance policies.
P.R. Mallory argues the trial court erred in granting summary judgment; the defendants contend P.R. Mallory's appeal is untimely and should be dismissed.
Judges L. Mark Bailey, Elaine Brown, and Edward Najam will hear the arguments in the case from Montgomery Circuit Court at 11 a.m. in Shircliff Auditorium on the campus of Vincennes University.