The USA Division of Justice (“DOJ”) introduced in a February 1st Federal Register Discover a Settlement Settlement (“Settlement Settlement”) involving the Complete Environmental Response, Compensation, and Legal responsibility Act (“Superfund”) between the Insurance coverage Commissioner of the State of California (“Commissioner”), in its capability as Liquidator of the Western Employers Insurance coverage Firm (“WEIC”) and the USA Environmental Safety Company (“EPA”). See 86 Fed. Reg. 7746.
The Settlement Settlement entails the Pioneer Metals Ending (“Pioneer Metals”) Superfund Web site (“Superfund Web site”) in Franklinville, New Jersey.
EPA had filed a proof of declare pursuant to Part 107 of Superfund in opposition to WEIC involving the insured Pioneer Metals associated to the Pioneer Metals Superfund Web site. This proof of declare is acknowledged to have arisen in opposition to WEIC from insurance policies of insurance coverage that the insurance coverage firm had issued to Pioneers Metals primarily based on alleged legal responsibility for contamination on the Superfund Web site.
The Settlement Settlement gives that WEIC can pay $1.2 million to EPA. EPA in flip covenants to not file a civil motion in opposition to the Commissioner with respect to all liabilities and obligations to Pioneer Metals or EPA arising below insurance policies issued by WEIC to Pioneer Metals. The Settlement Settlement gives that is the case whether or not such liabilities and obligations are recognized or unknown, reported or unreported, and whether or not at the moment present or arising sooner or later.
The Settlement Settlement is topic to court docket approval.
A replica of the Settlement Settlement may be downloaded here.