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Heartland Catfish Co. v. Navigators Specialty Ins. Co.

ELR Citation: 47 ELR 20069
Nos. 15-cv-00368, (S.D. Ala. , 05/15/2017) (Granade, J. )

A district court held that an insurer is not liable for damages in connection with environmental cleanup costs stemming from a biofuel firm's recycling of catfish and other oils. The biofuel firm entered into a fat, oil, and grease recycling agreement (FOG) with a catfish company and rented property from the company to set up a plant for fuel refining in May 2011. The biofuel firm purchased environmental damage policies from the insurance company. In February 2013, the biofuel company ceased operating on the catfish company's property. The catfish company cleaned up waste left behind by the biofuel company and filed a claim against the insurance company for the cleanup costs. The insurance company argued that the claims asserted against it were not covered by the policies issued to the biofuel company. The court agreed with the insurance company, holding that the spills were not covered by the identified policies. The court granted summary judgment in favor of the insurance company.