ELR Citation: ELR 21344
No(s). s. 91-727-B, 92-864-B (M.D. La. Mar 9, 1994)

The court holds that insureds who are potentially responsible under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for disposing of hazardous waste at the Bayou Sorrel site in Louisiana, cannot sue their insurers directly under CERCLA §107(a). Because the insurers are not liable under §107(a), the court also holds that the insureds cannot sue them for contribution under CERCLA §113(f). The court declines to exercise its supplemental jurisdiction over, and dismisses without prejudice, the insured's state-law claims for contribution, indemnity, and remedial costs. The claims raise complex issues of state law that should be resolved in state court and the court has already dismissed all of the insured's federal claims over which it had original jurisdiction. The court also dismisses the site owner's claims against the insurers.

Counsel for Plaintiffs
Leonard L. Kilgore III, Katherine W. King
Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman
One America Pl., 22d Fl., P.O. Box 3513, Baton Rouge LA 70821
(504) 387-0999

Counsel for Defendants
Drew M. Louviere
744 Napoleon St., Baton Rouge LA 70802
(504) 388-9622