RECENT STATE DECISIONS

December 2003

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Massachusetts Court of Appeal, Applying Illinois Law, Requires Insurance Company to Indemnify Environmental Property Damage Occurring Outside the Policy Period
Chicago Bridge & Iron Co. v. Certain Underwriters at Lloyd’s

In a case where environmental property damage could not be traced to any particular moment in time, a Massachusetts Court of Appeals applying Illinois law held that since at least some of the damage occurred at a time when the policies were in place, the insurers were required to indemnify the insured for all of its losses, up to its policy limits.