I was part of a team that represented Dana Corporation in its insurance coverage case to recover for its environmental liabilities across the country. I began work on the case in 1993. In 1999, after I took and defended dozens of depositions across the country, and just before trial, Dana was granted summary judgment for $4,599,314.30 with respect to one representative site, Old Forge, against the lone remaining carrier, Allstate. During the appeal to the Indiana Supreme Court, Allstate settled with Dana, but the Indiana Supreme Court granted transfer and issued an opinion on all issues of the appeal because of the public importance of the issues decided earlier by the Indiana Court of Appeals. The opinion is attached and governs many of the issues of Indiana insurance coverage law for environmental claims.
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fred@emhardtlaw.com