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International Ins. Co. v. RSR Corp.

Citation: 35 ELR 20187
No. No. 03-11272, (5th Cir., 09/19/2005)

The court holds that an insurer must indemnify a lead smelting company for any remediation costs and expenses the U.S. Environmental Protection Agency (EPA) incurred remediating lead pollution at the company's facility on Harbor Island, Washington. The insurer issued the company a claims-made insurance policy that had a policy period of September 4, 1981, to November 4, 1983. Although EPA did not file suit against the company until 2000, it placed the company's facility on the national priorities list in September 1982. Given the parties' interpretation of the insurance contract, the evidence is sufficient to support the jury's determination that a claim was made against the company by EPA within the policy's coverage period. In addition, any errors attributed to the district court in pretrial rulings and jury instructions were either not proven or harmless.