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Cases / Insurance, liability and compensation funds · United States · 1993–1997

Insurers sue Asarco in New Jersey over cover for environmental liabilities

Short record: the main facts, with sources. A full case file has not been prepared.

Nature's voice · report
No measurement of the harm done to me here is on record.
Did nature suffer? Not measured.
Not on record
  • The record does not name which of my species, waters, soils or forests were harmed.
What the record lacks: 4 none on record · 1 not measured · 1 unclear See the gaps

Insurers led by INA and California Union sought a declaration of no cover for Asarco's environmental matters. The sources reviewed do not give the final outcome of the case.

What?
Insurers sued Asarco seeking a declaration that they owe no cover for its environmental matters. Asarco (filing on SEC EDGAR)
Where?
New Jersey state court, New Brunswick, United States Asarco (filing on SEC EDGAR)
When?
Suit filed June 1993; summary judgment January 1997 Asarco (filing on SEC EDGAR)
Who?
Gained
None on record
Lost
None on record
Harmed
None on record
Why?
Not stated in the sources reviewed.
How?
Declaratory suit on insurance policies; some insurers settled; summary judgment against Asarco's claims against most other insurers. Asarco (filing on SEC EDGAR)
5 of 6 questions answered from the record · open: who

What happened

The record, in order.

Asarco's 10-K reports that in June 1993 INA and California Union sued it in New Jersey state court in New Brunswick for a declaration of no cover for its environmental matters, and other insurers joined.

Some insurers settled. In January 1997 summary judgment dismissed Asarco's claims against most of the other insurers, and Asarco appealed.

    In court and with insurers

    Every proceeding and every insurer decision on record.

    Lawsuits and rulings

    1. 1993-06–Outcome not on record
      INA and California Union declaratory action against Asarco
      New Jersey state court, New Brunswick · Civil · INA and California Union → Asarco

      Insurers sought a declaration of no cover for Asarco's environmental matters; other insurers joined and some settled. In January 1997 summary judgment dismissed Asarco's claims against most other insurers, and Asarco appealed. The final outcome was not found. Asarco (filing on SEC EDGAR)

    Insurers

    No insurer decision on record.

    What we don't know

    Undisclosed, unproven, untried: recorded as data.

    Nature

    • Not measured Harm to nature: The record holds no measurement of harm to nature.

    Court

    • Unclear INA and California Union declaratory action against Asarco: outcome not on record.

    Record

    • None on record The final outcome of the appeal was not found.
    • None on record The grounds on which the insurers denied cover are not stated in the 10-K.
    • None on record The amounts at stake and which insurers paid or were released are not stated in the sources reviewed.
    • None on record Who gained or lost financially from the outcome is not stated in the sources reviewed.

    Did the harm stop?

    Not stated in the sources reviewed.

    Who paid?

    Not stated in the sources reviewed.

    Sources

    Voices on record: ✓ Company or project— Government and regulators— Courts— Press and investigations— Communities and civil society— Researchers

    Company or project

    Connected cases

    Related matters, and cases linked to this one through the same organisations, with the role each played in both.
    Terms used on this page

    Institutions

    SEC
    The US Securities and Exchange Commission, which regulates securities markets and what companies tell investors.

    Bonds and banking

    Liquidation, insolvency, bankruptcy
    Legal processes that apply when a company cannot pay its debts; its assets are sold and claims against it may go unpaid.
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