'Bad Faith' Superfund Action Reopened After Fireman's Fund Wins Challenge

摘要

A Superfund suit was pursued in bad faith and a default judgment must be vacated, because the action was filed without notice to the bankrupt defendant's insurer, the U.S. District Court for the Northern District of California ruled July 2 (Dave Drilling Envtl. Eng'g, Inc. v. Gamblin, 2015 BL 214350, N.D. Cal., No. 14-cv-02851, 7/2/15). Dave Drilling Environmental Engineering Inc. "likely acted in bad faith" in filing a second cost recovery action against Margaret Gamblin under the Comprehensive Environmental Response, Compensation, Liability Act and concealing it from her insurer, Fireman's Fund Insurance Co., the court said.