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"Occurrence" construed

Bituminous Casualty Corp. v. Tonka Corp.

The court holds that an insurer has no duty under its comprehensive general liability insurance (CGL) policies to defend or indemnify a toy manufacturer subject to state administrative enforcement proceedings to remedy groundwater...

Metro Wastewater Reclamation Dist. v. Continental Casualty Co.

The court holds that the insurers of a local sewage authority are not required to defend the authority against claims brought by the U.S. Environmental Protection Agency (EPA) under §122 of the Comprehensive Environmental Response,...

Harleysville Mut. Ins. Co. v. Sussex County

The court holds that two insurance companies have no duty to defend or indemnify a Delaware county for future costs resulting from the U.S. Environmental Protection Agency's (EPA's) administrative proceedings under the Comprehensive...

LaSalle Nat'l Trust, N.A. v. Schaffner

The court holds that three insurance companies have a duty to defend the former owners of a contaminated site against the current owner's suit for response costs under the Comprehensive Environmental Response, Compensation, and...

Maryland Casualty Co. v. Wausau Chem. Corp.

The court holds that an insurance company must indemnify a chemical company for Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response costs incurred pursuant to a consent decree with the U.S....

Aetna Casualty & Sur. Co. v. General Dynamics Corp.

The court holds that a district court erred when it interpreted pollution exclusion clauses in comprehensive general liability (CGL) insurance policies as not relieving an insurer of its duty to defend and reimburse an insured for its...

Olin Corp. v. Insurance Co. of Am.

The court holds that a manufacturer of dichloro-diphenyl-trichloroethane (DDT) is not entitled to reimbursement from its primary insurance carrier for defense costs and indemnification for losses stemming from lawsuits alleging damages...

Hartford Accident & Indem. Co. v. U.S. Fidelity & Guar. Co.

The court, in a case of first impression under Utah law, holds that the "sudden and accidental" phrase in a comprehensive general liability policy pollution exclusion clause means abrupt or quick and unexpected or unintentional. An...

Broderick Inv. Co. v. Hartford Accident & Indem. Co.

The court holds that under Colorado law, the pollution exclusion clause in a comprehensive general liability insurance policy bars coverage for environmental response costs sought by the U.S. Environmental Protection Agency (EPA) in...

Armotek Indus. v. Employers Ins. of Wausau

The court, applying Pennsylvania law, holds that an insured cannot recover the costs of a state-mandated cleanup of hazardous waste under general liability insurance policies. The court first holds that Pennsylvania rather than New...