The Indiana House of Representatives has recently passed House Bill 1241, a bill sponsored by the Indiana Insurance Institute and written by a legislator who is an insurance agent. The bill has serious flaws and is designed to pre-empt 20 years of Indiana Courts’ decisions, dictate what the term “pollutant” is, and bar coverage.
If passed, this bill would not only make it difficult for Indiana business owners to use historical insurance policies to cover things such as the high costs associated with environmental investigation and remediation, but it could be financially devastating to those who might not be able to fall back on these policies at all. Properties impacted by contaminants may lay dormant for decades before funds could be found to pay for a cleanup. Businesses might have to close their doors or declare bankruptcy due to the inability to sell environmentally impacted properties and businesses, and even this would not protect them from their duty to address such contamination. In addition to small and large business owners alike relying on these policies, the state of Indiana also relies on these funds to ensure that impacted properties don’t end up sitting idle or being paid for by tax-payer money.
We are strongly opposed to this bill and think our clients and friends should be, too. NOW is the time to contact the members on the Insurance Committee as well as your Senator. Below is a link to a form letter that you can download, sign and send to your senator urging them to vote “No,” on House Bill 1241. Please join us in making sure that people’s hard-earned businesses aren’t wiped out by insurance companies’ lobbyists.
The Senate Insurance Committee has scheduled this bill for hearing next Thursday, February 20, 2014, at 10 a.m. in Room 130 at the Statehouse. We would like to line up key businesses, associations, cities and towns, etc. to testify in opposition to the legislation, including coordinating testimony. Please contact us if you’re interested in testifying.
If you haven’t made contact with your Senator to oppose HB1241, please download the PDF version of the letter below.
Below is a list of entities who are opposed to this bill. If you would like to go on record as showing opposition to this bill, please contact us at (317) 972-7870:
Eli Lilly and Company
Steel Dynamics, Inc.
Technicolor USA Inc.
Indiana Manufacturers Association
Indiana Association of Cities and Towns
Southwest Indiana Chamber of Commerce
Indiana Solid Waste Management Association
Indiana Trial Lawyers Association
Midwest Drycleaning and Laundry Association
Indiana Petroleum Marketers and Convenience Store Association
City of Indianapolis
City of South Bend
City of Evansville
City of Anderson
City of Kokomo
City of Marion
City of Warsaw
City of Elkhart
City of Winchester
City of Wabash
City of Angola
City of Marion
City of Whiting
Irvington Development Organization
Westside Community Development Corporation
Riley Area Development Corporation
Englewood Community Development Corporation
Local Initiatives Support Corporation
McIntosh Energy Co., Inc.
Good Oil Company
Bulk Transport Corp
Metal Forming Industries
Armstrong Cleaners, Inc.
Thompson Thrift Development
Clayton’s Commercial Laundry
Don Meyer Ford
Kalb & Kalb, Inc.
Burns Environmental Engineering, Inc.
Warsaw Chemical Company
Barnes & Thornburg LLP
Taft Stettinius & Hollister LLP
Plews Shadley Racher & Braun LLP
Nelson Law Group LLC
Kahn Dees Donovan & Kahn, LLP
Attorney David C. Appel
Matthew Cockrell & Associates
Active Environmental Services, Inc.
SurePoint Environmental Associates
Troy Risk, Inc.
Creek Run, LLC
Mundell & Associates
Bruce Carter Associates
Capital Environmental Services, Inc.
Restorical Research LLC