American Commercial Barge Line, LLC (ACBL) is an Indiana company that provides barge transportation services. Underwriters of Lloyd’s of London Syndicate 1861, Liberty International Underwriters, StarNet Insurance Company, Starr Indemnity & Liability Insurance Company, and XL Specialty Insurance Company (collectively, Appellants) are insurers that issued policies to ACBL. Barges owned by ACBL’s predecessor were cleaned by an entity known as SBA at a shipyard in Jennings, Louisiana. Many years later, environmental damage was discovered at the shipyard, and ACBL was named a potentially responsible party.

Thereafter, ACBL filed a complaint for declaratory judgment against the Appellants seeking a declaration that the Appellants must defend and indemnify ACBL under excess/umbrella liability policies Appellants sold ACBL to cover environmental liabilities. ACBL also sought damages arising from the Appellants’ failure to provide coverage for the liabilities alleged to have arisen from the barge cleaning process. ACBL moved for partial summary judgment on choice of law, and the Appellants

cross moved for summary judgment, asserting that ACBL’s claims are barred by language in the excess policies. The trial court granted ACBL’s motion for partial summary judgment, finding that Indiana law governs the excess policies. The court denied the Appellants’ motion for summary judgment, finding that ACBL’s claims are not barred. On appeal the Appellants contend that assuming Indiana law applies, under Indiana law the watercraft limitation provision precludes coverage for ACBL’s pollution liability, and the trial court erred when it entered partial summary judgment in favor of ACBL. Thus, the Appellants request entry of summary judgment in their favor. In the alternative, the Appellants assert that even if the trial court correctly applied Indiana law, the policies are maritime contracts governed by federal maritime law, which precludes coverage under the policies, and the trial court erred when it granted partial summary judgment for ACBL on the choice of law issue.

The scheduled panelists are Judge Kenworthy, Judge Scheele, and Judge Najam.