Port Allen Marine Services, Inc. v. Chotin

RULING ON DEFENDANTS’ MOTION TO DISMISS

POLOZOLA, District Judge.

Morey & Companies, the insurers of Joseph Scott Chotin (Chotin), have moved to dismiss the suit against them by Port Allen Marine Services, Inc. (PAMS), and Chotin Transportation, Inc. (C.T., Inc.), for lack of jurisdiction or, in the alternative, for failure to state a claim upon which relief can be granted. The interesting issue presented in this case is whether a party may sue the insurer of an “owner or operator” directly under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. §§…