The Property Casualty Insurers Association of America (PCI) and the Insurance Institute of Indiana recently filed an amicus brief in The City of South Bend, Ind. vs. Century Indemnity Company, et. al., to be heard by the Indiana Court of Appeals. “By filing this brief, the insurance industry hopes to provide the Indiana Appellate Court with the industry’s perspective on two important issues,” said Robert Hurns, legislative database manager and counsel for PCI. “The issues are whether a receiver should be appointed for a nonexistent corporation to bring barred suits against insurers for coverage for barred claims, and whether the Indiana Code requires insurers to pay third-party claims even though the insured is non-existent.” The original case was filed by the City of South Bend and the South Bend Redevelopment Commission, which sought a declaration that insurers of the long-defunct Studebaker Corp. were required to provide insurance coverage for environmental damages at the former Studebaker factory site that is now owned by South Bend.
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