United States Fidelity and Guaranty Company v. Warsaw Chemical Company, Inc.

OPINION

BRADFORD, Judge.

INTRODUCTION 1

Over the course of several decades, Ap-pellee/ Cross-Appellant/Plaintiff Warsaw Chemical Company (“Warsaw”) released pollutants into the soil and groundwater at its Warsaw, Indiana facility. This contamination was discovered in the late 1980s, and Warsaw agreed to remediate in August of 1989. In 1990, Warsaw notified its general liability insurer, Appellant/Cross-Appellee/Defendant United States Fidelity and Guaranty Company (“USF & G”), of the contamination and that Warsaw was seeking reimbursement for the remediation pursuant to its primary and excess…