Bernstein v. Bankert

ENTRY ON DEFENDANT AUTO-OWNERS’ MOTION FOR SUMMARY JUDGMENT

RICHARD L. YOUNG, Chief Judge.

Norman W. Bernstein and Peter M. Racher, as Trustees of the Third Site Trust Fund (“Plaintiffs”), seek to recover environmental response costs and other damages from the Bankerts and EnviroChem Corporation under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq. for property referred to as the Third Site. They also seek a declaratory judgment against various insurance companies, including Auto-Owners Mutual Insurance Company (“Auto-Owners”),…