A PRP Cannot Recover From Other PRPs For Response Costs Paid By Insurer
In Friedland v. TIC - The Industrial Co., et al., Case No. 1:04-cv-01263-REB-KLM, slip opinion issued on January 18, 2008, the United States District Court for the District of Colorado joins two other federal district courts in refusing to allow a CERCLA potentially responsible party to collect response costs from other potentially responsible parties when those costs were paid by an environmental or other insurance policy. The other two courts are: the United States District Court for the District of Kansas (Raytheon Aircraft Co. v. United States, 2007 WL 4300221 at *4 (Dec. 8, 2007) ) and the United States District Court for the Eastern District of Texas (Vine Street, LLC v. Keeling ex. rel. Estate of Keeling, 460 F. Supp.2d 728, 765 (2006)).
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