Ford Motor Company: Recovery of Insurance Payments Under CERCLA
Marten Law represents Ford Motor Company in connection with a complex environmental cost recovery and insurance subrogation case involving a former aeronautical manufacturing facility in Palo Alto, California. In 2011, the U.S. District Court for the Northern District of California dismissed the case (with prejudice), and the plaintiff appealed to the Ninth Circuit of Court of Appeals. In 2-1 majority opinion, a Ninth Circuit panel later affirmed the District Court decision in all respects, holding that an insurance company cannot recover payments made to a policyholder under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), unless the policyholder first pursues a separate claim against other potentially responsible parties (PRPs).
San Francisco partner Kevin Haroff led the Marten Law team representing Ford Motor Company and argued the case before the Ninth Circuit panel.