Court Rules That Insurer Has the Right to Select the Environmental Consultant in Cleanup Case

By:  Erik S. Mroz

On March 28, 2018, the United States District Court for the Northern District of Indiana issued its Opinion and Order in Ranburn Corp. v. Argonaut Insurance Co., et al., Cause No. 4:16-cv-00088.  There, the Court ruled that several insurance companies that are defending their insured, without a reservation of rights, have the right to select the environmental consultant of their choice to conduct site investigation activities and cleanup.  The Court also ruled that the insurers were not under any obligation to pay the insured’s choice of environmental consultant because the insurers did not consent to the selection.  The full Opinion and Order can be accessed here: Ranburn Opinion.

Drewry Simmons Vornehm, LLP attorneys David A. Temple and Erik S. Mroz represent Meridian Mutual Insurance Companies in the case.