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Liability Insurance Policies Covered Mandated Remedial Pollution Measures
Atlantic Wood Industries Inc. (AWII) was informed by the US Environmental Protection Agency (USEPA) that its Virginia woodtreating facility had been determined to be a hazardous waste site. AWII carried primary and excess liability insurance policies with four insurance companies. The policies provided coverage for “damages,” but the insurers denied coverage for the cost of cleanup. AWII brought suit seeking to have the court declare that the policies did afford such coverage. The trial court held that only the RIC policy provided coverage. However, the appellate court said that the term “damages” as used in the coverage provisions of the liability policies include the type of expenditures under consideration, and said that all of the insurance companies involved provided coverage.
Liability Insurance Policies Covered Mandated Remedial Pollution Measures
Atlantic Wood Industries Inc. (AWII) was informed by the US Environmental Protection Agency (USEPA) that its Virginia woodtreating facility had been determined to be a hazardous waste site. AWII carried primary and excess liability insurance policies with four insurance companies. The policies provided coverage for “damages,” but the insurers denied coverage for the cost of cleanup. AWII brought suit seeking to have the court declare that the policies did afford such coverage. The trial court held that only the RIC policy provided coverage. However, the appellate court said that the term “damages” as used in the coverage provisions of the liability policies include the type of expenditures under consideration, and said that all of the insurance companies involved provided coverage.
Liability Insurance Policies Covered Mandated Remedial Pollution Measures
Journal ‐ American Water Works Association ; 83 ; 30a-30
1991-04-01
1 pages
Article (Journal)
Electronic Resource
English
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