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Pollution exclusion clause

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...

Bell Lumber & Pole Co. v. U.S. Fire Ins. Co.

The court holds that under Minnesota law, an insured wood treatment company's deliberate disposal of pentachlorophenol (penta) sludge on the ground is not an "occurrence" within the meaning of primary comprehensive general liability or...

Patz v. St. Paul Fire & Marine Ins. Co.

The court affirms a district court decision that an insurance policy's pollution exclusion and owner exclusion clauses do not bar the policy's coverage of the insureds' costs of complying with a government order to clean up contaminated...

Koppers Co. v. Aetna Casualty & Sur. Co.

The court holds that under Pennsylvania law, the "sudden and accidental" exception to a pollution exclusion in a comprehensive general liability (CGL) insurance policy does not cover an on-going discharge of landfill pollutants that...

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...

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...

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

The court holds that a tank truck company is not entitled to summary judgment on claims against its insurers for indemnification of costs resulting from a government action against it under the Comprehensive Environmental Response,...

Ray Indus., Inc. v. Liberty Mut. Ins.

The court holds that a letter from the U.S. Environmental Protection Agency notifying a potentially responsible party (PRP) that it may be liable for cleanup costs under the Comprehensive Environmental Response, Compensation, and...

New Castle County v. Hartford Accident & Indem. Co.

The court holds in a case of first impression under Delaware law that the term "contaminants" in a comprehensive general liability policy pollution exclusion clause is unambiguous and carries no implied scienter element. The court holds...