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Industrial Enterprises, Inc. v. Penn America Insurance Co.

ELR Citation: 41 ELR 20116
Nos. Nos. 09-2346, -2397, (4th Cir. , 03/18/2011)

The Fourth Circuit reversed a lower court decision that an insurance company was obligated to pay the sums a landfill owner had incurred and was likely to incur in response to an EPA cleanup order. The insurance company issued the landfill owner a standard comprehensive general liability insurance policy that indemnified the owner for property damage. But the court has previously held that liability under CERCLA is not liability for "property damage," but rather regulatory liability for response costs. Thus, the policy does not extend to the owner's liability under CERCLA.