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Held applicable in

Associated Aviation Underwriters, Inc. v. Purex Indus., Inc.

The court reverses a trial court opinion that an insurer did not have a duty to defend or indemnify a company whose predecessor was covered by the insurer. After a series of mergers and acquisitions, the present company was formed and...

"Pre-Acquisition" Coverage for Environmental Liabilities: An Analysis of the Ongoing Dispute

It is now well understood in the legal and business communities that environmental statutes may impose liability on current owners of contaminated property without regard to the fact that the environmental damage may have resulted from...

K.F. Dairies, Inc. & Affiliates v. Fireman's Fund Ins. Co.

The court, applying California law, holds that an insurer had a duty to defend an insured in an underlying Comprehensive Environmental, Compensation, and Liability Act groundwater contamination suit when the damage occurred during the...

Hawkins Chem., Inc. v. Westchester Fire Ins. Co.

The court holds that two insurance companies breached their duty to defend a chemical distributor in a class action alleging personal injuries caused by toxic fumes from a warehouse fire. The court first holds that a pollution exclusion...

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...

Scottish Guarantee Ins. Co. v. Dwyer

The court holds that under Wisconsin law, an insurer has a duty to defend its insured under the "wrongful entry" clause of a commercial policy against negligent trespass claims for damage to groundwells caused by a release of chemicals...

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...

James Graham Brown Found. v. St. Paul Fire & Marine Ins. Co.

The court holds that comprehensive general liability insurance policies purchased for three wood preserving treatment plants require the insurers to defend and indemnify the plants' owner against claims under the Comprehensive...