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Cincinnati Ins. Co. v. Milliken & Co.

Citation: 19 ELR 20118
No. Nos. 87-1751 et al., 857 F.2d 979/28 ERC 1389/(4th Cir., 09/30/1988)

The courtholds that an insurance company is not required to defend or indemnify hazardous waste generators in an action for response costs incurred under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The generators are defendants in an action brought by the United States to recover response costs incurred at the Medley Farm site in South Carolina. The court holds that an action for CERCLA response costs seeks the equitable remedy of restitution. Applying South Carolina law, the court holds that the policy's coverage of "damages" does not include claims for equitable relief.

Counsel for Appellee
John Ephraim Johnston
Leatherwood, Walker, Todd & Mann
100 E. Coffee St., P.O. Box 87, Greenville SC 29602
(803) 242-6440 ext. 248

Counsel for Appellants
James Dabney Miller
King & Spaulding
1730 Pennsylvania Ave. NW, Washington DC 20006
(202) 737-0500

Before WINTER, Chief Judge, HALL, Circuit Judge, and BUTZNER, Senior Circuit Judge.