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Liberty Mut. Ins. Co. v. FAG Bearings Corp.

The court affirms a district court decision holding that an insurer has no duty to indemnify a manufacturer for costs incurred in response to claims alleging trichloroethylene (TCE) contamination due to leaking equipment. The court first holds that it was not clearly erroneous for the district court...

Paul Oil Co. v. Federated Mut. Ins. Co.

The court holds that an insurance company has no duty to defend or indemnify a property owner in a suit alleging gasoline contamination of an adjacent property. The court first holds that the insurance company was liable only for claims made during the policy period. The claims filed by the property...

Jota v. Texaco Inc.

The court holds that a district court erroneously dismissed foreign plaintiffs' environmental and personal injury claims against a U.S. oil company on the grounds of forum non conveniens, comity, and failure to join an indispensable party. The claims alleged that members of the indigenous tribes suf...

Bormann v. Board of Supervisors in & for Kossuth County, Iowa

The court holds unconstitutional a state statute that provides immunity from nuisance suits to farms in designated agricultural areas. A county's approval of an application for an agricultural area gave the applicants immunity from nuisance suits. Neighbors of the applicants contend that the approva...

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...