Ind. Court Reverses Lower Court, Awards Summary Judgment to Insurers

INDIANAPOLIS -- An Indiana appellate court has reversed the denial of summary judgment to several insurers, finding that a baghouse division that was ultimately sold was not entitled to coverage purchased by its former company. Continental Insurance Co., et al., v. Wheelabrator Technologist Inc, et al., No. 49A02-1010-PL-1110 (Ind. Ct. App.).

In the Dec. 6 opinion, the Indiana Court of Appeals found that since the transaction did not include a consent-to-assignment clause, the insurers were entitled to summary judgment.

Waste Management Holdings Inc. was among those that filed the underlying declaratory action, contending that a number of insurers had …