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Federal Ins. Co. v. Susquehanna Broadcasting Co.

ELR Citation: 20 ELR 21295
Nos. No. 88-0469, 738 F. Supp. 896/(M.D. Pa., 05/18/1990) Motion for reconsideration granted in part

The court holds that an insured's recovery of response costs under the Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) is not limited to the value of the affected property. The court previously held that CERCLA response costs are recoverable under a comprehensive general liability policy, but that recovery may not exceed the value of the property. Ruling on a motion for reconsideration, the court holds that CERCLA response costs are not limited to the value of the property. The court noted that it should look to CERCLA, which does not limit the amount of recoverable damages, rather than to the common law. However, the court refuses to amend its interpretation of the word "damages" in the policy or its discussion of the pollution exclusion clause.

[The court's prior decision is published at 20 ELR 20622.]

Counsel for Plaintiff
Edward C. Toole Jr.
Clark, Ladner, Fortenbaugh & Young
1818 Market St., 32d Fl., Philadelphia PA 19103
(215) 241-1800

Counsel for Defendant
W. Edwin Jackson
Susquehanna Psaltzgraff Co.
140 E. Market, York PA 17401
(717) 848-5500

Thomas B. Schmidt
Pepper, Hamilton & Scheetz
P.O. Box 1181, 10 S. Market Sq., Ste. 400, Harrisburg PA 17108-1181
(717) 255-1155