ACSTAR Insurance v. Clean Harbors, Inc.

RULING ON CROSS MOTIONS FOR PARTIAL SUMMARY JUDGMENT

STEFAN R. UNDERHILL, District Judge.

The plaintiff, ACSTAR Insurance Company (“ACSTAR”), and the defendants, Clean Harbors, Inc. and Clean Harbors Environmental Services, Inc. (collectively, “Clean Harbors”), filed cross motions for partial summary judgment. 1 The issue to be decided is whether ACSTAR, Clean Harbors’ reinsurer, is entitled to a declaratory judgment that it has no contractual duty to defend and indemnify Clean Harbors in a collateral lawsuit because Clean Harbors impaired ACSTAR’s subrogation rights. For the reasons set forth…