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"Sudden and accidental" construed

PCS Phosphate Co. v. American Home Assurance Co.

A district court held that an insurer has no duty to defend or indemnify a company in two underlying actions seeking contribution for past and future costs incurred at a PCB-contaminated site. The company had sent transformers to the...

Erie Insurance Exchange v. Imperial Marble Corp.

An Illinois appellate court held that an insurer has a duty to defend a manufacturing company in an underlying lawsuit filed against it by nearby homeowners for personal injury and property damage stemming from emissions generated as...

Employers Ins. of Wausau v. Neal Feay Co.

A California appellate court affirmed a lower court decision that an insurer has no duty to defend or indemnify a metal coating company in underlying proceedings filed against it concerning soil and groundwater contamination at the...

Goodrich Corp. v. Commercial Union Ins. Co.

An Ohio appellate court held that the sudden and accidental exceptions to pollution exclusion clauses contained in an aerospace manufacturing company's excess commercial insurance policies provide coverage for gradual releases of...

Bituminous Cas. Corp. v. Aaron Ferer & Sons Co.

A district court held that an insurance company has no duty to defend or indemnify a metal scrap company for any liability it incurs in connection with the Omaha Lead Superfund site. The insurance policy contains a pollution exclusion...

Buell Indus., Inc. v. Greater New York Mut. Ins. Co.

The court holds that the sudden and accidental exception to the pollution exclusion clause contained in a manufacturing company's comprehensive general liability policies bars coverage for trichloroethylene contamination at its...

Aetna Casualty & Sur. Co. v. Goodyear Tire & Rubber Co.

The court affirms in part and reverses in part a lower court's grant of summary judgment and directed verdicts in favor of numerous insurance carriers from which a tire company sought defense and indemnity coverage for environmental...

Employers Ins. of Wausau v. Duplan Corp.

The court holds that under New York law, insurers are not obligated to defend and indernnify a clothing manufacturer from private and government damage claims stemming from contamination at the manufacturer's New York and Virgin Islands...

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...

Guaranty Nat'l Ins. Co. v. Vic Mfg. Co.

The court holds that the insurer of a dry cleaning equipment manufacturer has no duty-to-defend the manufacturer for claims arising out of perchloroethylene (perc) contamination caused by the equipment. The court first notes that...