In Lumbermens Mutual Casualty Co. v. Commonwealth of Pennsylvania, 2008 WL 223274 (Supreme Court of New York, New York Cty. 2008), the Defendants the Pennsylvania Department of Transportation (PDOT) and Commonwealth of Pennsylvania (Commonwealth) (collectively, the defendants) were faced with having to pay $60 million dollars associated with the environmental cleanup of hazardous materials discharged during the excavation of an interstate highway. The plaintiff, Lumbermens Mutual Casualty Co. (Lumbermens) was the parent-company of Kemper Indemnity Insurance (Kemper), the insurance company, which issued a pollution liability insurance policy (Kemper policy) to the defendants in connection with the construction of the interstate highway.
Peter Goetz, Esq. and Rosalie Valentino, Esq.