Visteon Corp. v. Nat’l Union Fire Ins. Co. of Pittsburgh

Federal 7th Circuit Court
Civil Court
Insurance
Citation
Case Number: 
No. 14-2725
Decision Date: 
January 23, 2015
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed
Dist. Ct. did not err in dismissing plaintiff-insured’s breach of contract action against defendant-insurance company, arising out of defendant’s failure to indemnify or defend lawsuits filed against plaintiff that toxic solvent used by plaintiff at its Indiana plant leaked into soil and groundwater. Instant policy contained exclusion for liability resulting from pollution caused by plaintiff, and although Indiana law would not enforce instant standard pollution-exclusion clause, Michigan law would enforce said clause. Moreover, Dist. Ct. did not err in applying Michigan law, where policy covered all of plaintiff’s plants, and where vast majority of plaintiff's plants were located in Michigan.