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NEWNAM MFG., INC. v. TRANSCONTINENTAL INS.

No. 57A05-0606-CV-344.

871 N.E.2d 396 (2007)

NEWNAM MANUFACTURING, INC. and Dalton Corporation, Appellants-Defendants, v. TRANSCONTINENTAL INSURANCE COMPANY, Appellee-Plaintiff.

Court of Appeals of Indiana.

August 8, 2007.

Attorney(s) appearing for the Case

George M. Plews, Donna C. Marron, Amy E. Romig, Plews Shadley Racher & Braun, Indianapolis, IN, Michael M. Yoder, Yoder & Mowery, P.C., Kendallville, IN, Attorneys for Appellants.

Martha S. Hollingsworth, Kent D. Zepick, Karl L. Mulvaney, Bingham McHale LLP, Indianapolis, IN, Jan M. Michaels, Steven Schulwolf, Michaels & May, P.C., David E. Schoenfeld, James P. Gitzlaff, Ian S. Wilbur, Chicago, IL, Attorneys for Appellee.

OPINION

MATHIAS, Judge.

Dalton Corporation ("Dalton") appeals from the Noble Superior Court's order granting summary judgment in favor of Transcontinental Insurance Co. ("Transcontinental") on the issue of whether Transcontinental was required to incur the costs to defend Dalton in a suit involving Dalton's alleged violations of the Clean Air Act. Because there was no potential for coverage under the insurance policy, we conclude that Transcontinental had...

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