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Sunday, December 06, 2009
 
No Coverage Owed For Costs To Prevent Future Harmful Emission, Panel Says
INDIANAPOLIS - Because court-ordered remedies imposed to prevent future harmful emissions from a power plant were not caused by an occurrence, insurers have no duty to defend or indemnify an insured in underlying federal litigation, an Indiana Court of Appeals panel held Oct. 28 (Cinergy Corp., et al. v. St. Paul Surplus Lines Insurance Co., et al., No. 32A04-0810-CV-622, Ind. App.; 2009 Ind. App. LEXIS 2251). From Mealey's Litigation Report: Insurance

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