Insurer told it had duty to defend recycler in pollution case
Westfield Insurance has asked an Indiana federal judge to reject the summary judgement by neighbours of the VIM recycling plant that calls for the insurer to contribute to the more than $50m judgement as a result of their class action suit over pollution. The neighbours argued that Westfield broke its contract with VIM when it failed to defend the company from their suit. Westfield however argued that a prior court ruling had relieved the insurer of its duty to VIM, and that the neighbours had no right to claim breach of contract that they were not a party to.
By Rick Archer (September 12, 2017, 4:34 PM EDT) -- Westfield Insurance Co. asked an Indiana federal judge Monday to reject a summary judgment motion from the neighbors of a recycling plant who are seeking the insurer's contribution to a more than $50 million judgment in their class action over pollution, saying that they have no grounds to block its policy defense....

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