Set for hearing for Tuesday, February 28, 2017, line 7. CLAIMANT ALUMINUM SHAPES, INC.’S Notice of Hearing For An Order To Show Cause. Claimant Aluminum Shapes, Inc.’s application for an order to show cause why its claim should not be allowed is granted and its request for an order for payment for the chromium cleanup at the 9000 River Road site in Delair, New Jersey and for indemnification for any settlement or judgment resulting from that site is denied. The sole issue raised by the application is whether there is good cause for the issuance of an order to show cause why Aluminum Shapes’ claim not be allowed per Insurance Code 1032. While the Insurance Commissioner opposes the issuance of an order to show cause on several grounds, the only ground that is germane to this application is whether the Commissioner’s denial of the claim on the grounds that Aluminum Shapes “failed to comply with the deadline to update its claim” has been shown to be a sufficient basis to deny the claim such that an order to show cause would serve no useful purpose. On that issue, based only on the papers submitted in support of and in opposition to this application, the court has determined that Aluminum Shapes did not receive notice of the February 10, 2010 order and thus its failure to comply with the deadline set forth in that order is not a sufficient basis to deny its claim. All other issues – including but not limited to whether the Commissioner or the Western Employers estate has been prejudiced by any inaction on the part of Aluminum Shapes and whether, separate from Aluminum Shapes’ failure to comply with the deadline set by the February 2010 order, there is a sufficient basis to deny its claim – will be adjudicated in the order to show cause proceedings. The parties are required to meet and confer to discuss all issues they intend to raise during the order to show cause proceedings and to make good faith efforts to agree on a proposed briefing and hearing schedule and whether any live evidence should be received and, if so, from whom and the expected duration of that live evidence. Whether or not there is any contest to this tentative ruling, the parties are required to appear at the February 28 hearing.
