9th Circuit Majority Affirms Insurer Has No Standing To Assert Subrogation Claims

SAN FRANCISCO - The majority of the Ninth Circuit U.S. Court of Appeals on March 15 affirmed that an insurer has no standing to assert claims for subrogation and reimbursement for costs it paid in relation to environmental contamination because the insurer did not incur any "costs of response" as defined under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (Chubb Custom Insurance Co., et al. v. Space Systems/Loral Inc., et al., No.11-16272, 9th Cir.; 2013 U.S. App. LEXIS 5198).

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