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[APPEALS] Gan North American Insurance Company, et al, vs. Standard Fusee 49A02-1301-PL-91
Start Date: 11/12/2013Start Time: 10:00 AM
End Date: 11/12/2013End Time: 10:40 AM
Entry Description

This insurance coverage case comes before us as an appeal to the trial court’s summary judgment after remand from the Indiana Supreme Court.  Our supreme court, applying the uniform-contract-interpretation approach, held that Maryland law was applicable on the Total Pollution Exclusion Endorsement included in Gan’s and Chubb’s comprehensive general liability insurance policies.


After the trial court issued summary judgment in favor of Standard Fusee, Gan and Chubb appealed.   The Appellants present the following issues on appeal:

  1.  Whether, under Maryland law, the trial court erred in deciding that the Total Pollution Exclusion Endorsement in Appellants’ comprehensive general liability insurance policies is not applicable to Standard Fusee’s liability for the accidental release of perchlorate and therefore Appellants’ duty to defend was triggered;

  1. Whether the trial court, after establishing Appellants’ duty to defend, properly exercised its discretion to decide Standard Fusee’s defense costs without an evidentiary hearing; and

  1. Whether under Maryland law, the trial court’s pro-rate, time-on-the-risk allocation of the damages between Appellants was proper. 

 The Scheduled Panel Members are Chief Judge Robb, Judges Riley, and, Kirsch.

Indiana Court of Appeals Courtroom
State House, Room 413
Indianapolis, Indiana 46204 

Contact Information:
Name: Martin DeAgostino
Phone: 317-234-4859
Entry Type:
Entry Category:
  • Oral Arguments
  • Category:
  • Government
  • Agency Name
    Courts, Indiana

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