Carolina Cas. Ins. Co. v. Oahu Air Conditioning Serv., Inc.

摘要

Insurance company may bring claims under Comprehensive Environmental Response, Compensation, and Liability Act and California law against allegedly liable corporations for costs paid to settle claims from release of hazardous substances at California site by company's insured, because: (1) company alleges insured made claims for reimbursement from corporations and constituted claimant on whose behalf company may bring subrogation claims under Section 112(c) of CERCLA; (2) company's payments to settle CERCLA claims against insured authorize it to bring contribution claims under Section 113(0 of CERCLA; (3) California Hazardous Substance Account Act authorizes contribution claims for parties that incur response costs under CERCLA; and (4) CERCLA does not preempt company's claims under California common law for apportionment of fault, contribution, indemnity, or subrogation.