Article ID: 86781574efa421b03c3ec8259f605fa5e215b435d9d8f1ea108c4962e17ab965
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URL: https://www.businessinsurance.com/insurers-beat-barge-companys-bid-for-superfund-cleanup-cover/
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Insurers beat barge company’s bid for superfund cleanup cover - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Insurers beat barge company’s bid for superfund cleanup cover by Richard Sine Asbestos & Environmental , Coverage Disputes , Excess and Surplus Lines , P/C Insurers Lloyd's of London Apr 30, 2026 A group of excess insurers has won a coverage dispute with an Indiana barge transportation company over environmental cleanup costs at a Louisiana shipyard, after an Indiana appeals court ruled that a standard watercraft exclusion barred the claim. In Starr Indemnity & Liability Insurance Co. v. American Commercial Barge Line , decided Tuesday by the Indiana Court of Appeals, the court reversed a trial court ruling that had sided with the policyholder. The appeals court held that a watercraft limitation in the excess policies — which excluded coverage for property damage liability “arising out of” the ownership or maintenance of any watercraft — barred coverage for the barge company’s liability under federal Superfund law. American Commercial Barge Line, based in Indiana, had been identified by the U.S. Environmental Protection Agency as a potentially responsible party under the Comprehensive Environmental Response, Compensation, and Liability Act for contamination at a Jennings, Louisiana shipyard. The liability traced back to the barge company’s predecessor, which had arranged for barges containing hazardous substances to be delivered to the site for cleaning between 1965 and 1993. The barge line sought coverage under excess umbrella policies issued by Starr Indemnity, syndicates at Lloyd’s of London, Liberty International Underwriters, StarNet Insurance and XL Specialty Insurance. The barge company argued that the shipyard operator’s improper storage and handling of hazardous waste, not the barges themselves, was the cause of the contamination. The lower court agreed and ruled that the insurer must pay for cleanup. Writing for the unanimous three-judge panel, Judge Edward W. Najam Jr., noted that CERCLA applies a strict liability test, which does not depend on a finding of causation or negligence. The barge company’s “strict liability is derived from its predecessor’s act of arranging for barges containing hazardous substances to be delivered to the shipyard… “This liability, then, clearly and unmistakably arises out of the predecessor’s ownership of the barges.” Related News Ryan Specialty reports higher organic growth, foresees moderation April 30, 2026 Gallagher profits on AssuredPartners buy, commissions, fees growth April 30, 2026 FM to issue $1.5B in membership credits April 30, 2026 AIG’s Q1 profit surges on steep fall in catastrophe losses April 30, 2026 Gallagher appoints chief digital officer, US retail April 30, 2026 AF Specialty, Applied team up on US surety programs April 30, 2026 USQRisk names global head of structured reinsurance April 30, 2026 WTW organic revenue growth slows; pulls back on outlook April 30, 2026 Marsh promotes Joanne Silberberg to energy, power leader April 30, 2026 Facebook-f X-twitter Linkedin-in Business Insurance is a singular, authoritative news and information source for executives focused upon risk management, risk transfer and risk financing. 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