EPA v. MISSION INSURANCE COMPANY (SAFETY LIGHT SUPERFUND SITE) NATIONAL CASE

Case summary

On May 11, 2017, the Insurance Commissioner of the State of California, in his capacity as the Trustee of the Mission Insurance Company Trust and Mission National Insurance Company Trust, filed a Motion to Approve Agreements with the United States concerning the Mission companies? insured? CERCLA liability at the Franklin Smelting Site and the Franklin Slag Pile Superfund Site, adjacent sites located in Philadelphia, Pennsylvania, and the Safety Light Corporation Superfund Site, located in Bloomsburg, Pennsylvania; these agreements will fund Superfund cleanup actions at the Franklin Slag Site, for contamination associated with the pile (with estimated costs potentially exceeding $24 million), and at the Safety Light Site, for soil and groundwater contamination (with estimated costs of at least $128 million). The Agreement also settles claims involving two Mission insured at two Sites in Region 10, with NOAA and DOI involvement. This is a direct implementation claim for the federal government which arises under the state receivership statute and the Federal Priorities Act. The agreement provides for a total payment of $28.6 Million, and will be subject to a 21-day period of public comment, to be announced by DOJ in the Federal Register. Thereafter it will be submitted for approval by the Mission Liquidation Court (Insurance Commissioner of the State of Calif. v. Mission Insurance Company, et al., Case Nos. C 572 724 (Cal. Super. Ct.)), charged with resolving the liquidation of the Mission companies. A hearing to present the motion to approve the agreements is currently scheduled on this matter for June 22, 2017. With respect to Region III?s claims, the proposed Agreement requires the Mission Trusts to make the following payments out of the $28.6 Million: a total payment of $11,914,658.58 with respect to the liability under Section 107 of CERCLA of Mission insured, Franklin Smelting and Refining Company and related entities, at the Franklin Sites, and, $7,113,598.90 with respect to the liability under Section 107 of CERCLA of Mission insured, United States Radium Corporation and USR Industries, Inc., at the Safety Light Site, with both payments to be deposited into special accounts for the sites.

Defendants (1)

• MISSION INSURANCE COMPANYNamed in complaintNamed in settlement

Facilities (2)

• SAFETY LIGHT CORPORATION

  4150 A OLD BERWICK RD, BLOOMSBURG, PA, 17815

  Registry ID: 110013798159

• SAFETY LIGHT CORPORATION

  4150 A. OLD BERWICK ROAD, BLOOMSBURG, PA, 17815-3413

  Registry ID: 110013798159

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• MISSION INSURANCE COMPANY (SAFETY LIGHT SUPERFUND SITE) NATIONAL CASEentered 2017-06-22

  Primary law: CERCLA

Timeline (6 milestones)

• 2015-07-14Referred To Headquarters
• 2015-07-16Referred To Dept Of Justice
• 2015-07-20Enforcement Action Data Entered
• 2015-08-04Complaint Filed With Court
• 2017-05-18Final Order Lodged
• 2017-06-22Final Order Entered