Facts

Pitzer College sued Indian Harbor Insurance Co.

PLAINTIFF'S CONTENTIONS:
Indian Harbor issued Pitzer a Pollution and Remediation Legal Liability Policy. The policy reflected a limit of $5,000,000 for each pollution condition, with an aggregate limit of the same amount.

In 2011, Pitzer incurred $1.9 million in expenses as a result of legally required remediation of lead soil contamination that was discovered during the grading for a new student dormitory. Indian Harbor refused to pay costs and expenses to Pitzer under the policy.

Pitzer then sued for declaratory relief and breach of contract.

DEFENDANT'S CONTENTIONS:
Indian Harbor moved for summary judgment, arguing that it was entitled to summary judgment due to Pitzer's failure to notify Indian Harbor in accordance with its policy, and Pitzer's failure to obtain Indian Harbor's consent prior to incurring the costs of remediation.

Result

The court ruled in favor of Indian Harbor.

Other Information

The matter is currently on appeal.