Owner can seek separate claim for property damage coverage
Despite having agreed to pay $1.7 million, an insurance company may have to provide more money to satisfy a claim from the owner of a contaminated property.
Environmental Issues
Articles
Divided appeals panel reverses judgment against Thomson
A trial court improperly ruled in favor of an insurer on Thomson Inc.’s claims for the cleanup of toxic chemicals at two consumer electronics manufacturing sites.
Appeal aims to block planned 4,000-hog facility
A group of homeowners wants a county judge to block a southern Indiana farmer from being allowed to build a facility that would house 4,000 hogs.
Smith: What to do when the EPA sends an Information Request
Even the best companies occasionally attract the attention of regulators. Recently, the United States Environmental Protection Agency announced that it will be focusing on addressing noncompliance issues and vigorous enforcement. EPA commonly investigates compliance and potential enforcement with an “Information Request.”
Court erred in ordering insurer to pay costs of cleanup
A trial court misinterpreted a previous ruling involving an insurance coverage dispute for environmental cleanup costs, and as such, erred when it ordered the insurer to pay costs that were incurred as a result of a settlement, the Indiana Court of Appeals held.
Second suit filed over Wal-Mart PCB contamination
A second lawsuit has been filed as a result of toxic contamination discovered at an Indianapolis Wal-Mart return center.
Neighbors file suit to block 2,000-hog facility
A central Indiana farmer faces a lawsuit from neighbors who want to block plans for a facility where some 2,000 hogs would be raised.
Issues of material fact allow Environmental Legal Actions claim to proceed
The Indiana Court of Appeals is allowing a claim under Indiana’s Environmental Legal Actions statute to move forward, ruling there are many questions for the lower court to examine about the former landlord’s role in the contamination of the soil.
Lawsuit filed against Wal-Mart after PCB found at Indy facility
A proposed class-action lawsuit alleges Wal-Mart and its corporate entities were negligent after PCB was found at a returns facility located in Indianapolis.
Omitted information in notice does not bar entry of summary judgment
Failure in a notice of dissolution to describe information that must be included in a claim filed against the company does not make the notice invalid, the Indiana Court of Appeals ruled Thursday. Since the notice was valid, a convenience store owner’s lawsuit is time-barred.
State can exclude fuel ethanol plants from ‘chemical process plant’ classification
The Indiana Supreme Court on Tuesday affirmed the decision by state environmental agencies to no longer consider fuel ethanol plants to be a “chemical process plant” under the Clean Air Act. By removing fuel ethanol plants from this classification, those plants may not be subject to stricter regulations.
7th Circuit declines to overturn mine’s fine for safety violation
The 7th Circuit Court of Appeals denied the petition for judicial review filed by a company that runs a southern Indiana mine, finding sufficient evidence supports fining the company for violating federal regulation requiring a protective mound along an elevated roadway.
Appellate panel upholds dismissal in bridge case
The dismissal of a lawsuit over the $2.3 billion Ohio River bridges under construction at Louisville has been upheld.
Court clarifies ‘known claim’ exclusion applies in insurance coverage dispute
The Indiana Court of Appeals granted rehearing to a case involving a dispute over coverage for environmental contamination and found that the "known claim” exclusion applies, not the known loss doctrine.
Mom can’t receive damages based on daughter’s injuries caused by mold
The Indiana Court of Appeals reversed a compensatory damage award of $20,000 to the parents of an adult daughter who was sickened by mold growing in her apartment after finding the facts of the case don’t support the amount awarded.
COA clarifies and affirms original opinion in environmental cleanup case
The Indiana Court of Appeals granted the request of the city of Indianapolis and the Department of Environmental Management to take another look at its opinion issued in April that allowed businesses that neighbored a contaminated property to intervene in the cleanup case. But the judges affirmed the court’s original decision in all respects.
COA: Dispute with camp should be heard in White County
The YMCA Camp Tecumseh’s quest to stay a zoning decision that allows a confined feeding operation to set up shop next to the camp’s property should be heard in White County, not Carroll County where the camp is located, the Indiana Court of Appeals ruled.
Judge gives final OK of recycling settlement
A federal judge has given his final approval to a class-action settlement calling for the operators of a northern Indiana wood-recycling plant to clean up and shutter the site within five years.
COA orders trial over 1 issue in contaminated development land suit
The Indiana Court of Appeals has ordered a trial on the issue of whether the known loss doctrine would bar coverage of an insurance policy held by the owner of land sold for a housing development that later was found to have been contaminated with toxic waste. A builder sued the landowner, claiming he knew of the potential contamination and failed to inform the builder.
Lilly to appeal $450M ruling over poisoned workers in Brazil
Eli Lilly and Co. plans to appeal a ruling from a judge in Brazil that fined the pharmaceutical giant and an Italian firm $450 million for poisoning workers at a manufacturing plant in the South American country.