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Hawkins Chem., Inc. v. Westchester Fire Ins. Co.

The court holds that two insurance companies breached their duty to defend a chemical distributor in a class action alleging personal injuries caused by toxic fumes from a warehouse fire. The court first holds that a pollution exclusion endorsement added to the distributor's policy with its primary ...

Menominee Indian Tribe of Wis. v. Thompson

The court holds that a Native American tribe does not have usufructuary rights or aboriginal rights to hunt and fish on certain offreservation lands in Wisconsin. In 1831, the tribe ceded southeastern and western portions of their land to the United States, but reserved the right to use the eastern ...

South County Sand & Gravel Co. v. S. Kingstown, Town of

The court holds constitutional a local zoning ordinance prohibiting land removal businesses from expanding in surface area their existing excavated area by more than 25 percent unless they obtain a special use permit. The court first holds that it will analyze the case under the doctrine of substant...

Assicurazioni Generali, S.p.A. v. Neil

The court holds that the pollution exclusion clause in a former hotel owner's general liability insurance policy bars coverage of personal injury claims brought by hotel guests who suffered carbon monoxide (CO) poisoning. The court first rejects the former owner's contention that the pollution exclu...

Foster-Gardner, Inc. v. National Union Fire Ins. Co. of Pittsburgh

The court holds that a state environmental agency order notifying an insured that it is a potentially responsible party (PRP) for pollution and requiring remediation is not a "suit" triggering insurers' duty to defend under comprehensive general liability (CGL) policies. Under the policies, the insu...

Spartan Petroleum Co. v. Federated Mut. Ins. Co.

The court holds that under South Carolina law, an insurer must indemnify its insured for gasoline damage caused to a third-party claimant's property if the insured's third-party liability policy was still in effect when the underground gasoline leak reached the claimant's property. The leak was disc...

National Elec. Mfrs. Ass'n v. Gulf Underwriters Ins. Co.

The court holds that an excess insurer did not have a duty to defend a trade association against negligence claims arising from standards the association set for its members' use of manganese in welding rods. A group of welders had sued the association claiming that the standards had exposed them to...

Missouri v. Craig

The court holds that an action alleging that the U.S. Army Corps of Engineers adopted annual operating plans for the Missouri River for the 1995-1996 and 1996-1997 navigation seasons in violation of the National Environmental Policy Act is moot. The state and an environmental group contend that the ...

National Solid Wastes Management Ass'n v. Meyer

The court holds unconstitutional a state statute that allows out-of-state waste to be disposed of in Wisconsin only if the community where the waste originates adopts an ordinance that incorporates Wisconsin's specifications for recycling. The solitary difference between this law and an earlier law ...

Marathon Oil Co. v. Babbitt

The court affirms a district court dismissal of an oil company's action to obtain an order directing the Secretary of the Interior to restore lands once designated for federal oil and gas leases. The court first holds that the district court properly relied on Tenth Circuit precedent in holding that...