Newnam Manufacturing, Inc. v. Transcontinental Insurance Co.

OPINION

MATHIAS, Judge.

Dalton Corporation (“Dalton”) appeals from the Noble Superior Court’s order granting summary judgment in favor of Transcontinental Insurance Co. (“Transcontinental”) on the issue of whether Transcontinental was required to incur the costs to defend Dalton in a suit involving Dalton’s alleged violations of the Clean Air Act. Because there was no potential for coverage under the insurance policy, we conclude that Transcontinental had no duty to defend Dalton. Therefore, we affirm. 1

Facts and Procedural History

This case involves the gray iron foundry in Kendallville,…