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Applicability

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...

Chemical Leaman Tank Lines, Inc. v. Aetna Cas. & Sur. Co.

The court reverses and remands a district court's allocation of insurance coverage costs between an insured and its excess insurers for soil, groundwater, and wetlands contamination at the insured's tank truck terminal. The court first...

Enron Oil Trading & Transp. Co. v. Walbrook Ins. Co.

The court holds that a general liability insurance policy's pollution exclusion clause does not bar coverage for losses resulting from the addition of a foreign substance to crude oil travelling through a pipeline. An oil company that...

Mesa Oil, Inc. v. Insurance Co. of N. Am.

The court affirms a district court decision that clauses excluding pollution from comprehensive general liability (CGL) insurance policies relieve defendant-appellee insurer of its duty to defend and reimburse plaintiff-appellant...

Montana Ref. Co. v. National Union Fire Ins. Co. of Pittsburgh

The court holds that under Nevada law, the U.S. Environmental Protection Agency's (EPA's) initiation of a cost recovery action against an insured under the Comprehensive, Environmental Response, Compensation, and Liability Act triggers...

Aeroquip Corp. v. Aetna Casualty & Sur. Co.

The court holds that an insurer is not liable under a tenant's comprehensive general liability policies for the property owner's cleanup costs resulting from a diesel fuel leak from an underground fuel tank that the tenants installed on...

Liberty Mut. Ins. Co. v. Triangle Indus., Inc.

The court, applying New Jersey law, holds that comprehensive general liability (CGL) insurance policies containing original and modified pollution exclusion provisions do not provide an insured manufacturer of cable and wire with...