EPA v. TRANSPORTATION INSURANCE COMPANY, ET. AL. (TWIN CITIES IRON & METAL CO, INC.)

Case summary

On March 29, 2018, the United States District Court for the Western District of Virginia issued an Order entering a Settlement Agreement in the matter of Transportation Insurance Company, et al. v. Poor Charlie and Company, et al., Civ. Action No. 1:16-cv-00049 (W.D. Va.) ( Insurance Action ), which resolves all claims and counterclaims between the United States, Poor Charlie and Company, Ann R. Starcher, in her capacity as Trustee of the Robert Levine 2009 Revocable Trust and the Poor Charlie Stock Trust (collectively, Poor Charlie ), and CNA Financial Corporation ( CNA ) (collectively, the Parties ). The Insurance Action stems from a 2016 ability to pay consent decree between the United States and Poor Charlie, United States vs. Poor Charlie and Company, Civil Action No. 1:16-cv-00049-JPJ-PMS (W.D Va.) (Consent Decree), concerning the recovery of response costs at the Twin Cities Iron and Metal Site in Bristol, Virginia and four other West Virginia properties (collectively, Poor Charlie Sites ). Within 30 days of entry of the Settlement Agreement, CNA will pay a total of $725,000, $681,000 to the United States and $44,000 to Poor Charlie, and release all claims against Poor Charlie and the United States. In return, the United States will release its claims against CNA relating to the Poor Charlie Sites, and void the assignment of insurance proceeds in the Consent Decree.

Defendants (6)

• STARCHER, ANN, AS TRUSTEE OF ROBERT LEVINE 2009Named in complaintNamed in settlement
• TRANSPORTATION INSURANCE COMPANYNamed in complaintNamed in settlement
• POOR CHARLIE AND COMPANYNamed in complaintNamed in settlement
• TRANSCONTINENTAL INSURANCE COMPANYNamed in complaintNamed in settlement
• NATIONAL FIRE INSURANCE COMPANY OF HARTFORDNamed in complaintNamed in settlement
• CONTINENTAL CASULATY COMPANYNamed in complaintNamed in settlement

Facilities (1)

• TWIN CITY IRON & METAL CO INC

  1000 FAIRVIEW ST, BRISTOL, VA, 24201

  Registry ID: 110009315589

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• TRANSPORTATION INSURANCE COMPANY, ET. AL. (TWIN CITIES IRON & METAL CO, INC.)entered 2018-03-29

  Primary law: CERCLA

Timeline (5 milestones)

• 2017-02-15Referred To Dept Of Justice
• 2017-03-31Final Order Lodged
• 2017-03-31Complaint Filed With Court
• 2017-05-02Enforcement Action Data Entered
• 2018-03-29Final Order Entered