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"Damage" construed

Aerojet-General Corp. v. Commercial Union

The court holds that sums agreed to be paid as a settlement of litigation are not subject to indemnification as "damages" under excess liability insurance policies. The case arose after a rocket and missile manufacturer sued for breach...

Overton v. Consolidated Ins. Co.

The court holds that a pollution exclusion clause did not bar an insurer's duty to provide coverage to a city power agency sued by an asbestos removal company for additional remuneration under an asbestos removal contract. The insurer...

Olin Corp. v. Insurance Co. of N. Am.

The court affirms a district court decision finding the insurer of a former pesticide manufacturing plant liable for only $11,297 of the approximate $4 million the manufacturer spent remediating soil and groundwater contamination at the...

Guaranty Nat'l Ins. Co. v. Azrock Indus. Inc.

The court holds that an insurer has a duty to indemnify an asbestos tile manufacturer for underlying asbestos-related personal injury claims that were triggered during the one-year commercial general liability policy period. The...

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...

Huntzinger v. Hastings Mut. Ins. Co.

The court holds that an insurance company does not owe a duty to defend and indemnify policyholders in an action arising out of the policyholders' maintenance of a solid waste dump on property subsequently sold to a developer. The court...

Exxon Corp. v. St. Paul Fire & Marine Ins. Co.

The court denies an insurer's motion to stay the proceedings and grants partial summary judgment to the insured corporation in an indemnification suit for personal injury damages resulting from the inhalation of sludge fumes. The court...

Wisconsin Power & Light Co. v. Century Indem. Co.

Applying Wisconsin law, the court holds that the environmental investigation costs incurred by a utility company at two sites it previously owned are not damages under the company's comprehensive general liability (CGL) policies....

Lindsay Manufacturing Co. v. Hartford Accident & Indem. Co.

The court holds that, pursuant to Nebraska law, the "as damages" language in a comprehensive general liability (CGL) insurance policy issued to a manufacturing company that disposed of spent pickle liquor into an open, unlined waste pit...

Bell Lumber & Pole Co. v. U.S. Fire Ins. Co.

The court holds that under Minnesota law, an insured wood treatment company's deliberate disposal of pentachlorophenol (penta) sludge on the ground is not an "occurrence" within the meaning of primary comprehensive general liability or...