Chartis Specialty Ins. Co. v. United States

摘要

Subrogation claims asserted by insurance company under Section 112(c) of Comprehensive Environmental Response, Compensation, and Liability Act against federal government in amended complaint relate back to December 12, 2012, filing of original complaint and may be brought against government for cleanup costs company paid on behalf of insured property owner up to three years prior to original filing, even though claims technically did not exist at time of original complaint, because: (1) relation back is appropriate if original pleading put defendant on notice of particular transaction or facts that caused injury, (2) amended complaint and original complaint both arose out of same factual dispute regarding government's responsibility for environmental contamination at affected prop- erty, (3) company has been plaintiff in action since original complaint was filed, and (4) government was on notice of underlying dispute and company's involvement as property owner's subrogee.