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Morrow Corp. v. Harleysville Mut. Ins. Co.

The court holds that two insurers did not have a duty to defend or a duty to indemnify an insured dry cleaning store owner for soil and groundwater contamination while policies containing absolute pollution exclusion clauses were in effect, but one of the insurers had a duty to defend the insured un...

Pacific Indem. Co. v. Bellefonte Ins. Co.

The court affirms in part and reverses in part a lower court judgment determining that an insurer of the San Diego Bay Port District had a duty to defend the district from a citizen suit alleging that the district breached the public trust doctrine by failing to protect the bay, its animals, and its...

In re Riverkeeper v. New York Dep't of Envtl. Protection

The court enjoins New York City's environmental agency from implementing a September 18, 1998, memorandum allowing slopes that are greater than 15% but less than 20% to be modified to 15% or flatter through the use of fill in order to meet the city's slope requirements for subsurface septic systems....

Scott's Liquid Gold, Inc. v. Lexington Ins. Co.

The court holds that under Colorado law, the insurer of a manufacturer that contributed to the contamination of groundwater surrounding the Rocky Mountain Arsenal must pay the manufacturer $392,286 in unreimbursed settlement payments, but the insurer need not pay $373,158 of the manufacturer's unrei...

New York City Envtl. Justice Alliance v. Giuliani

The court holds that environmental groups did not show that New York City's plan to sell or bulldoze lots containing community gardens would have an impermissible adverse impact on minority communities. The groups opposed the city's plan claiming that it would violate U.S. Environmental Protection A...

Connecticut v. Cahill

The court holds that the state of Connecticut may sue New York State officers in federal district court instead of suing New York State in the U.S. Supreme Court regarding enforcement of an allegedly unconstitutional New York law. The law at issue allows New York residents to obtain commercial lobst...

Gould Elecs., Inc. v. United States

The court reverses a district court dismissal, for lack of subject matter jurisdiction, of battery manufacturers' Federal Tort Claims Act (FTCA) suit against the United States that sought contribution for a settlement agreement resolving third-party personal injury and property damage claims arising...

Connecticut Indem. Co. v. Superior Court of San Joaquin County

The court holds that a city council, pursuant to a legislative investigation of toxic contamination of groundwater, may issue subpoenas to insurers in order to obtain information relating to liability insurance coverage and claims concerning parties believed to be legally responsible for the contami...

St. Martin v. Mobil Exploration & Producing U.S. Inc.

The court affirms a district court decision holding oil companies liable for $240,000 in damages for failing to adequately maintain spoil banks on canals operated by them, resulting in damage to a freshwater flotant marsh in Terrebone Parrish, Louisiana. The owners of the marsh filed suit against th...

K.F. Dairies, Inc. & Affiliates v. Fireman's Fund Ins. Co.

The court, applying California law, holds that an insurer had a duty to defend an insured in an underlying Comprehensive Environmental, Compensation, and Liability Act groundwater contamination suit when the damage occurred during the policy period even though the insured did not purchase the contam...