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Duty to indemnify

Star Insurance Co. v. Bear Productions

A district court held that an insurance company need not indemnify or defend a waste hauler in an underlying class action lawsuit for contamination stemming from their transport and disposal of "produced fluid waste" from oil and gas...

H&M Petro Mart, Inc. v. Zurich American Insurance Co.

A district court held that an insurance company need not indemnify its insured for certain repair and replacement costs it incurred cleaning up the release of contaminants from an underground gasoline storage tank. A clear reading of...

Indiana Farm Bureau Insurance Co. v. Harleysville Insurance Co.

An Indiana appellate court reversed and remanded a lower court decision that an insurer need not defend and indemnify a service station owner in underlying state administrative proceedings concerning the environmental remediation of...

AES Corp. v. Steadfast Insurance Co.

A Virginia appellate court held that under Virginia law, an insurer has no duty to defend or indemnify an energy company in an underlying lawsuit brought by a native Alaskan village for damages allegedly caused by global warming...

House of Clean, Inc. v. St. Paul Fire and Marine Insurance Co.

A district court held that an insurer has no duty to defend or indemnify a dry cleaner for PCE pollution stemming...

Industrial Enterprises, Inc. v. Penn America Insurance Co.

The Fourth Circuit reversed a lower court decision that an insurance company was obligated to pay the sums a landfill owner had incurred and was likely to incur in response to an EPA cleanup order. The insurance company issued the...

Newmont U.S.A. Ltd. v. American Home Assurance Co.

A district court held that personal injury provisions contained in an insurance policy require the insurer to indemnify a mining company for any monetary liability arising from its contamination of land and water on and adjacent...

Lockheed Martin Corp. v. Goodyear Tire & Rubber Co.

A district court held that an aerospace and technology company is not entitled to insurance coverage by "operation of law" for certain environmental liabilities under CERCLA on policies issued by an insurance company to the prior...

Brunswick Corp. v. Sentry Insurance

A Wisconsin appellate court held that an insurer has no duty to indemnify a manufacturing company for costs it incurred cleaning up private landowners' property that was part of a larger environmental remediation effort required by the...

RSR Corp. v. International Ins. Co.

The Fifth Circuit held that an insurance company had no obligations to a lead refinery under four environmental impairment liability policies that the insurance company's predecessor in interest had sold to the refinery years earlier....

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