9th Cir.
11-16272
The court of appeals affirmed a district courts judgment of dismissal. The court held that an insured must first make a claim to either the Superfund or a potentially liable party before an insurer can bring a subrogation action under §112(c) of the Comprehensive Environmental Response, Compensation, and Liability Act. The court further held that §107(a) of CERCLA does not authorize an insurer to assert a subrogation claim under that provision to recover insurance payments when it did not directly incur environmental response costs.
