This case was last updated from PACER on 08/28/2021 at 09:31:36 (UTC).

LUSHER SITE REMEDIATION GROUP v. AMERISURE MUTUAL INSURANCE COMPANY et al

Case Summary

On June 29th, 2021, Plaintiff Lusher Site Remediation Group (the “Group”), represented by Clinton E. Cameron and Emily A. Golding of Clyde & Co US LLP, filed a Contract - Insurance lawsuit against National Fire Insurance Company of Hartford, as successor to Transcontinental Insurance; Transportation Insurance Co. (“Transportation”); Citizens Insurance Company of America (“Citizens”); Travelers Indemnity Co., as successor to Gulf Insurance Co. (“Travelers”); Employers Insurance Co. of Wausau (“Employers”); ACE Property and Casualty Insurance (“ACE”); Liberty Mutual Insurance Co. (“Liberty Mutual”), St. Paul Fire and Marine Insurance Co. (“St. Paul”); Everest National Insurance Co. (“Everest”); Amerisure Mutual Insurance Co. (“Amerisure”); and Evanston Insurance Co. (“Evanston”) (collectively, the “Defendant Insurers”). Plaintiff also filed suit against Elkhart Metals Corp. (“Elkhart Metals”), Industrial Plant  Services, INc. (“IPS”), and Sturgis Iron & Metal of Indiana (“Sturgis of Indiana”) (collectively, the ‘Defendant Policyholders”). Plaintiff seeks damages and declaratory relief against the Defendants for their alleged environmental contamination. This case was removed to U.S. District Court in the Southern District of Indiana with Judge James P. Hanlon and Judge Tim A. Baker presiding.

 

In its complaint, Plaintiff alleged that, “The Lusher Site consists of a groundwater plume contaminated with chlorinated volatile organic compounds (“VOCS”), including tetrachloroethene (“PCE”), trichloroethene (“TCE”), chloroform, 1,1-dichloroethane (“DCA”), vinyl chloride, 1,1,1-trichloroethane (“1,1,1-TCA”), 1,1-dichloroethene (“DCE”), and 1,2- DCE. These VOCS were commonly used as industrial solvents.” Plaintiff also alleged that, “The Defendant Policyholders were in the business of providing scrap metal and vehicle recycling services. The Defendant Policyholders purchased, sorted, processed, and sold ferrous and nonferrous scrap metal. Scrap metal is a by-product of the industrial manufacturing process or is recycled from obsolete goods. The Defendant Policyholders conducted this business at property that is part of the Lusher Site.”

 

Plaintiff further alleged that, “As a result of the Defendant Policyholders’ operations, soil and groundwater at the Sturgis Property have been impacted with VOCs at concentrations exceeding applicable EPA and IDEM standards.” Plaintiff then alleged that, “The Group Group has identified the following policies the Defendant Insurers sold insuring some or all the Defendant Policyholders. These policies provide coverage for the Defendant Policyholders’ liability relating to the Lusher Site.” 

 

The only claim for relief laid down by the Plaintiff is for declaratory relief. 

 

In its prayer for relief, the Plaintiff requested that the Court declare that the Defendant Policyholders are obligated to use the insurance coverage provided to them by the Defendant Insurers to satisfy any liability imposed on them in the Underlying Action; award the Group damages for the costs it has already incurred for environmental testing and cleanup costs; and award the Group all further appropriate relief. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-01923

  • Filing Date:

    06/29/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

  • Courthouse:

    Indiana Southern District

Judge Details

Presiding Judge

James Patrick Hanlon

Referral Judge

Tim A. Baker

 

Party Details

Plaintiff

LUSHER SITE REMEDIATION GROUP

Defendants

Transportation Insurance Company of America

EMPLOYERS INSURANCE COMPANY OF WAUSAU

EVANSTON INSURANCE COMPANY

ACE Property & Casualty Insurance Company

National Fire Insurance Company of Hartford, as successor to Transcontinental Insurance Company

AMERISURE MUTUAL INSURANCE COMPANY

ST. PAUL FIRE AND MARINE INSURANCE COMPANY

Industrial Plant Service Inc.

Everest National Insurance Company

LIBERTY MUTUAL INSURANCE

Elkhart Metals Corp.

CITIZENS INSURANCE COMPANY OF AMERICA

Travelers Indemnity Company, as a successor to Gulf Insurance Co.

Sturgis Iron & Metal of Indiana

AMERISURE MUTUAL INSURANCE CO.

NATIONAL FIRE INSURANCE COMPANY OF HARTFORD

TRANSPORTATION INSURANCE CO.

CITIZENS INSURANCE CO. OF AMERICA

TRAVELERS INDEMNITY CO.

Attorney/Law Firm Details

Plaintiff Attorneys

Sean M. Hirschten

Attorney at PLEWS SHADLEY RACHER & BRAUN LLP

1346 North Delaware Street

Indianapolis, IN 46202

Thao Trong Nguyen

Attorney at PLEWS SHADLEY RACHER & BRAUN LLP

1017 E. Jefferson Blvd.

South Bend, IN 46617

Defendant Attorneys

Emily A. Golding

Attorney at CLYDE & CO US LLP

1775 Pennsylvania Avenue, N.W., Suite 400

Washington, DC 20006

Clinton E. Cameron

Attorney at CLYDE & CO US LLP

55 W. Monroe St., Suite 3000

Chicago, IL 60603

Lyle R. Hardman

Attorney at HUNT SUEDHOFF KALAMAROS

205 W. Jefferson Blvd., Suite 300

South Bend, IN 46601

Edward J. Tafe

Attorney at CNA COVERAGE LITIGATION GROUP

555 -- 12Th Street, Suite 600

Oakland, CA 94607

Katherine L. Shelby

Attorney at PAGANELLI LAW GROUP

10401 North Meridian Street, Suite 450

Indianapolis, IN 46290

Nicole E. Wilinski

Attorney at COLLINS EINHORN FARRELL PC

4000 Town Center, 9Th Floor

Southfield, MI 48075-1473

Charles W. Browning

Attorney at PLUNKETT & COONEY, P.C.

38505 Woodward Avenue, Suite 100

Bloomfield Hills, MI 48304

Lauren Beth McMillen

Attorney at PLUNKETT COONEY, P.C.

38505 Woodward Ave, Suite 100

Bloomfield Hills, MI 48304

Nicole C. Ruggirello

Attorney at PLUNKETT COONEY (Bloomfield Hills)

38505 Woodward Avenue, Suite 100

Bloomfield Hills, MI 48304

Other Attorneys

Stephen P. Brown

Attorney at PLUNKETT & COONEY PC

38505 Woodward Avenue, Suite 100

Bloomfield Hills, MI 48304

James M. Weck

Attorney at CLAUSEN MILLER P.C.

200 Commerce Square

Michigan City, IN 46360

Kimbley A. Kearney

Attorney at CLAUSEN MILLER PC

200 Commerce Square

Michigan City, IN 46360

Christopher Patrick Hemphill

Attorney at COHN BAUGHMAN & SERLIN

333 W. Wacker Drive, Suite 900

Chicago, IL 60606

 

Court Documents

#102

(#102) Summons Issued as to INDUSTRIAL PLANT SERVICE INC. (MAC) (Entered: 08/27/2021)

#101

(#101) Proposed Summons submitted for issuance by the clerk as to INDUSTRIAL PLANT SERVICE INC.. (Hirschten, Sean) (Entered: 08/25/2021)

#100

(#100) ***PLEASE DISREGARD REFER TO #101 ***Proposed Summons submitted for issuance by the clerk as to INDUSTRIAL PLANT SERVICE INC.. (Hirschten, Sean) Modified on 8/27/2021 (MAC). (Entered: 08/24/2021)

#99

(#99) ORDER granting Plaintiff's #96 Motion for Extension of Time - The deadline for the Group to reply in support of its Motion to Remand and to respond to the two Motions to Realign [Dkts. #77 and #80 ] is September 25, 2021. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 8/19/2021. (SWM) (Entered: 08/19/2021)

96 #1

Text of Proposed Order Granting Motion for Extension of Time

#96

(#96) Unopposed MOTION for Extension of Time to 9/25/2021 to File Response to Defendants' Motions to Realign, filed by Plaintiff LUSHER SITE REMEDIATION GROUP. (Attachments: #1 Text of Proposed Order Granting Motion for Extension of Time)(Hirschten, Sean) (Entered: 08/18/2021)

80 #1

Text of Proposed Order

77 #3

Exhibit B: August 4, 2021 Order Issued in Godfrey Conveyor Action

#77

(#99) ORDER granting Plaintiff's #96 Motion for Extension of Time - The deadline for the Group to reply in support of its Motion to Remand and to respond to the two Motions to Realign [Dkts. #77 and #80 ] is September 25, 2021. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 8/19/2021. (SWM) (Entered: 08/19/2021)

#5

(#5) EXHIBIT re #1 Notice of Removal Exhibit C (Part 2): State Court Record by AMERISURE MUTUAL INSURANCE COMPANY. (Cameron, Clinton) (Entered: 06/29/2021)

#4

(#4) EXHIBIT re #1 Notice of Removal Exhibit C (Part 1): State Court Record by AMERISURE MUTUAL INSURANCE COMPANY. (Cameron, Clinton) (Entered: 06/29/2021)

#3

(#3) Corporate Disclosure Statement by AMERISURE MUTUAL INSURANCE COMPANY identifying Corporate Parent AMERISURE, INC., Corporate Parent AMERISURE MUTUAL HOLDINGS, INC. for AMERISURE MUTUAL INSURANCE COMPANY.. (Cameron, Clinton) (Entered: 06/29/2021)

#2

(#2) NOTICE of Appearance by Clinton E. Cameron on behalf of Defendant AMERISURE MUTUAL INSURANCE COMPANY. (Cameron, Clinton) (Entered: 06/29/2021)

1 #4

Civil Cover Sheet

1 #3

Exhibit D: State Court Notice of Removal

1 #2

Exhibit B: Objection Filed in Underlying Lawsuit

1 #1

Exhibit A: State Court Complaint

#1

(#10) EXHIBIT re #1 Notice of Removal Exhibit C (Part 7): State Court Record by AMERISURE MUTUAL INSURANCE COMPANY. (Cameron, Clinton) (Entered: 06/29/2021)

137 More Documents Available
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Docket Entries

  • 08/27/2021
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  • Docket(#102) Summons Issued as to INDUSTRIAL PLANT SERVICE INC. (MAC) (Entered: 08/27/2021)

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  • 08/25/2021
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  • Docket(#101) Proposed Summons submitted for issuance by the clerk as to INDUSTRIAL PLANT SERVICE INC.. (Hirschten, Sean) (Entered: 08/25/2021)

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  • 08/24/2021
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  • Docket(#100) ***PLEASE DISREGARD REFER TO #101 ***Proposed Summons submitted for issuance by the clerk as to INDUSTRIAL PLANT SERVICE INC.. (Hirschten, Sean) Modified on 8/27/2021 (MAC). (Entered: 08/24/2021)

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  • 08/19/2021
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  • Docket(#99) ORDER granting Plaintiff's #96 Motion for Extension of Time - The deadline for the Group to reply in support of its Motion to Remand and to respond to the two Motions to Realign [Dkts. #77 and #80 ] is September 25, 2021. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 8/19/2021. (SWM) (Entered: 08/19/2021)

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  • 08/18/2021
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  • Docket(#98) ORDER granting Defendant Amerisure Mutual Insurance Company's #94 Motion for Extension of Time to File response to complaint to 9/16/2021. Signed by Magistrate Judge Tim A. Baker on 8/18/2021. (SWM) (Entered: 08/18/2021)

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  • 08/18/2021
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  • Docket(#97) ORDER granting Defendant ACE Property and Casualty Insurance Company's #93 Motion for Extension of Time to File response to complaint to 9/16/2021. Signed by Magistrate Judge Tim A. Baker on 8/18/2021. (SWM) (Entered: 08/18/2021)

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  • 08/18/2021
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  • Docket(#96) Unopposed MOTION for Extension of Time to 9/25/2021 to File Response to Defendants' Motions to Realign, filed by Plaintiff LUSHER SITE REMEDIATION GROUP. (Attachments: #1 Text of Proposed Order Granting Motion for Extension of Time)(Hirschten, Sean) (Entered: 08/18/2021)

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  • 08/17/2021
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  • Docket(#95) ORDER granting Defendant Everest National Insurance Company's #91 Motion for Extension of Time to File response to complaint to 9/16/2021. Signed by Magistrate Judge Tim A. Baker on 8/17/2021. (SWM) (Entered: 08/18/2021)

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  • 08/17/2021
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  • Docket(#94) Unopposed MOTION for Extension of Time to September 16, 2021 to file Responsive Pleading to Plaintiff's Complaint, filed by Defendant AMERISURE MUTUAL INSURANCE CO.. (Attachments: #1 Text of Proposed Order)(Cameron, Clinton) (Entered: 08/17/2021)

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  • 08/17/2021
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  • Docket(#93) Unopposed MOTION for Extension of Time to September 16, 2021 to file its responsive pleading to Plaintiff's Complaint, filed by Defendant ACE PROPERTY AND CASUALTY INSURANCE CO.. (Attachments: #1 Exhibit Proposed Order)(Hemphill, Christopher) (Entered: 08/17/2021)

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82 More Docket Entries
  • 06/29/2021
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  • Docket(#10) EXHIBIT re #1 Notice of Removal Exhibit C (Part 7): State Court Record by AMERISURE MUTUAL INSURANCE COMPANY. (Cameron, Clinton) (Entered: 06/29/2021)

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  • 06/29/2021
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  • Docket(#9) EXHIBIT re #1 Notice of Removal Exhibit C (Part 6): State Court Record by AMERISURE MUTUAL INSURANCE COMPANY. (Cameron, Clinton) (Entered: 06/29/2021)

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  • 06/29/2021
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  • Docket(#8) EXHIBIT re #1 Notice of Removal Exhibit C (Part 5): State Court Record by AMERISURE MUTUAL INSURANCE COMPANY. (Cameron, Clinton) (Entered: 06/29/2021)

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  • 06/29/2021
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  • Docket(#7) EXHIBIT re #1 Notice of Removal (Exhibit C, Part 4) by AMERISURE MUTUAL INSURANCE COMPANY. (Cameron, Clinton) Modified on 6/30/2021 per phone call from filer (DJH). (Entered: 06/29/2021)

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  • 06/29/2021
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  • Docket(#6) EXHIBIT re #1 Notice of Removal Exhibit C (Part 3): State Court Record by AMERISURE MUTUAL INSURANCE COMPANY. (Cameron, Clinton) (Entered: 06/29/2021)

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  • 06/29/2021
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  • Docket(#5) EXHIBIT re #1 Notice of Removal Exhibit C (Part 2): State Court Record by AMERISURE MUTUAL INSURANCE COMPANY. (Cameron, Clinton) (Entered: 06/29/2021)

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  • 06/29/2021
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  • Docket(#4) EXHIBIT re #1 Notice of Removal Exhibit C (Part 1): State Court Record by AMERISURE MUTUAL INSURANCE COMPANY. (Cameron, Clinton) (Entered: 06/29/2021)

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  • 06/29/2021
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  • Docket(#3) Corporate Disclosure Statement by AMERISURE MUTUAL INSURANCE COMPANY identifying Corporate Parent AMERISURE, INC., Corporate Parent AMERISURE MUTUAL HOLDINGS, INC. for AMERISURE MUTUAL INSURANCE COMPANY.. (Cameron, Clinton) (Entered: 06/29/2021)

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  • 06/29/2021
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  • Docket(#2) NOTICE of Appearance by Clinton E. Cameron on behalf of Defendant AMERISURE MUTUAL INSURANCE COMPANY. (Cameron, Clinton) (Entered: 06/29/2021)

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  • 06/29/2021
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  • Docket(#1) NOTICE OF REMOVAL from Marion County Superior Commercial Court, case number 49D01-2106-PL-021686, filed by AMERISURE MUTUAL INSURANCE COMPANY. (Filing fee $402, receipt number 0756-6634367) (Attachments: #1 Exhibit A: State Court Complaint, #2 Exhibit B: Objection Filed in Underlying Lawsuit, #3 Exhibit D: State Court Notice of Removal, #4 Civil Cover Sheet)(Cameron, Clinton) (Entered: 06/29/2021)

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