Cinergy Corp. v. Associated Electric & Gas Insurance Services, Ltd.

On Petition To Transfer from the Indiana Court of Appeals, No. 32A05-0409-CV-474

DICKSON, Justice.

Incurring enormous defense costs in the course of a federal environmental lawsuit, several power companies desire payment of these defense costs, as they are incurred, under the terms of certain liability, insurance policies. The insurance companies, denying liability for such defense costs, initiated this action for declaratory judgment. The power companies sought partial summary judgment to compel payment of all past and future defense costs incurred in responding to the federal lawsuit. We…