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Choice of law

TIG Ins. Co. v. MECO Constructors, Inc.

The court holds that an insurer has no duty to insure or indemnify a construction company being sued as a third-party defendant for disposing of toxic and/or hazardous waste. The court first holds that it need not choose between the...

NL Indus., Inc. v. Commercial Union Ins. Co.

The court holds that New York law shall apply to interpret the pollution exclusion and late notice provisions in a lead manufacturer's insurance policies. If, however, New York law differs from that of the state where the waste site is...

Boardman Petroleum, Inc. v. Federated Mut. Ins. Co.

The court holds that Georgia law applies to consolidated cases involving environment-related insurance claims arising from an insured's ownership and operation of two gas stations in South Carolina. The insurer filed an action in a...

Cincinnati Ins. Co. v. Flanders Elec. Motor Serv., Inc.

The court holds that a company that is a potentially responsible party under the Comprehensive Environmental Response, Compensation, and Liability Act is not entitled to relief from a final judgment that conflicts with a later state...

LaFarge Corp. v. Travelers Indem. Co.

The court holds that three different pollution exclusion clauses in various insurance policies bar a corporation's claims that its insurers must defend and indemnify it against the U.S. Environmental Protection Agency's (EPA's) claims...

CPC Int'l, Inc. v. Aerojet-General Corp.

Applying Michigan law to an insurance dispute, the court adopts the doctrines of known-risk and loss-in-progress, and denies coverage because the insured's environmental director knew or reasonably should have known of a substantial...

Gahagen Iron & Metal Co. v. Transportation Ins. Co.

The court holds that an insurance company must defend and indemnify its insured in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability case brought in Nebraska, but applies the law of Colorado, the...

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...