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Aggio v. Estate of Joseph Aggio

Citation: 40 ELR 20069
No. No. 08-16981, (9th Cir., 02/26/2010) Aff'd

The Ninth Circuit affirmed a lower court’s grant of summary judgment in favor of an insurance company in an action under CERCLA and the California Hazardous Substance Account Act to recover response costs and other damages related to the cleanup of contamination. Appellants, who had inherited the contaminated real property, asserted that the “owned property” exclusion in the insurance policies did not apply. The court held that, to prevent application of the policies’ exclusion, appellants must show imminent harm to third-party property at the time of the cleanup efforts. While there was ample evidence of a potential for migration of contaminants, the record directly refuted the appellants’ contention that there was imminent danger of such migration. Accordingly, the exclusion applied to the appellants’ cleanup costs and precluded recovery.

[A prior decision in this litigation can be found at 35 ELR 20189]