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U.S. FIDELITY AND GUAR. v. WARSAW CHEMICAL

No. 49A04-1203-CT-97.

990 N.E.2d 18 (2013)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant/Cross-Appellee/Defendant, v. WARSAW CHEMICAL COMPANY, INC., Appellee/Cross-Appellant/Plaintiff.

Court of Appeals of Indiana.

May 23, 2013.

Attorney(s) appearing for the Case

Richard A. Rocap , Rocap Musser LLP, Indianapolis, IN, Bradford S. Moyer , Jeffrey C. Gerish , Plunkett Cooney, Kalamazoo, MI, Attorneys for Appellant.

Brent W. Huber , Brian J. Paul , Ice Miller LLP, Indianapolis, IN, Attorneys for Appellee.

OPINION

BRADFORD, Judge.

INTRODUCTION1

Over the course of several decades, Appellee/Cross-Appellant/Plaintiff Warsaw Chemical Company ("Warsaw") released pollutants into the soil and groundwater at its Warsaw, Indiana facility. This contamination was discovered in the late 1980s, and Warsaw agreed to remediate in August of 1989. In 1990, Warsaw notified its general...

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