By Seth Thomas, Ice Miller LLP
On March 11, 2015, the Indiana Court of Appeals reaffirmed its prior decision in FLM, LLC v. Cincinnati Ins. Co., concluding for the second time that insurance coverage was available in an environmental case. The underlying claim addressed the expenses for sand disposal services for the removal of 100,000 tons of abandoned Chrysler foundry sand. The trial court found in favor of the insurer, but the Court of Appeals previously ruled that property damage coverage issued by Cincinnati Insurance Company applied to the insured’s claim.
In the most recent decision, the Court of Appeals considered Cincinnati’s petition for rehearing based on the “expected or intended” exclusion in the insurance policy. Because the insured did not expect or intend the property damage that was caused, the Court of Appeals reaffirmed coverage for the claim. Read more about the case here.
This post was written by Seth Thomas of Ice Miller LLP. If you would like to submit content or write an article for the Environmental Law Section page, please email Rachel Beachy at firstname.lastname@example.org.