Insurer Bypassed in Toxic Waste Cleanup Still Must Pay

摘要

Southern Pilot Insurance Co. can't back out of an insurance policy just because the policyholder agreed on its own to cleanup a toxic waste site, the Southern District of Indiana ruled Nov. 29. The remediation agreement between Matthews Auto Repair Inc. and Indiana environmental officials "is merely a plan" to conduct the cleanup, admits no liability, determines no penalty, and can be rescinded, the court said (Southern Pilot Ins. Co. v. Matthews Auto Repair, Inc., 2017 BL 425647, S.D. Ind., No. 17-CV-01207, 11/29/17).