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CINERGY CORP. v. ASSOCIATED ELEC. & GAS

No. 32S05-0604-CV-00151.

865 N.E.2d 571 (2007)

CINERGY CORPORATION, Duke Energy Indiana, Inc. and Duke Energy Ohio, Inc., Appellants (Defendants), v. ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES, LTD., Appellee (Plaintiff), St. Paul Surplus Lines Insurance Company; Aetna Casualty & Surety Company; Allianz Underwriters Insurance Company; American National Fire Insurance Company; California Union Insurance Company; Employers Mutual Insurance Company; First State Insurance Company; Great American Insurance Company; Harbor Insurance Company; Highlands Insurance Company; Insurance Company of the State of Pennsylvania; International Insurance Company; International Surplus Lines Insurance Company; Lexington Insurance Company; National Union Fire Insurance Company of Pittsburgh, PA; Republic Insurance Company; Royal Indemnity Company; Safety Mutual Casualty Company; Transamerica Premier Underwriters at Lloyd's London (Additional Plaintiffs).

Supreme Court of Indiana.

May 1, 2007.

Attorney(s) appearing for the Case

George M. Plews, Donna C. Marron, John M. Ketcham, Plews Shadley Racher & Braun, Indianapolis, IN, Attorneys for Appellants.

Richard A. Smikle, Brian J. Paul, Ice Miller LLP, Indianapolis, IN, Howard B. Epstein, Theodore A. Keyes, Sami B. Groff, Schulte Roth & Zabel LLP, New York, NY, Attorneys for Appellee and Other Plaintiffs.

On Petition To Transfer from the Indiana Court of Appeals, No. 32A05-0409-CV-474

DICKSON, Justice.

Incurring enormous defense costs in the course of a federal environmental lawsuit, several power companies desire payment of these defense costs, as they are incurred, under the terms of certain liability insurance policies. The insurance companies, denying liability for such defense costs, initiated this action for declaratory judgment. The power companies...

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