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Case Briefs

By ALM Staff | Law Journal Newsletters |
July 29, 2013

Insurer Lacks Standing to Subrogate Under CERCLA

On March 15, the U.S. Court of Appeals for the Ninth Circuit held that an insurer lacked standing to bring a subrogation suit under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) because the insurer failed to meet statutory requirements. Chubb Custom Ins. Co. v. Space, 710 F.3d 946 (9th Cir. 2013). The insurer, Chubb, paid $2.4 million under an insurance policy to its insured, Taube-Koret Campus for Jewish Life, for environmental cleanup costs on its property.

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