Coverage Action Brought by Somerset Oil Company to Stay in Indiana

An Indiana federal district court judge rejected a forum non-conveniens motion filed by certain insurance companies against Somerset Oil Company. Somerset  initiated an environmental coverage action in the United States District Court for the Southern District of Indiana seeking recovery of costs associated with refineries in Indiana and Kentucky. The insurance companies sought to have the case transferred to Kentucky. Although the Court found that most of the sites were located in Kentucky, the court determined that the majority of the damages pled stemmed from a site in Indiana.

The Court also found that a significant number of witnesses were located in Indiana, and concluded that a transfer would prejudice Somerset’s ability to present its case and would be inconvenient to the parties.