|RECENT FEDERAL DECISIONS|
Second Circuit Holds Property Damage Includes the Passive Migration of Contamination into Soil and Groundwater for Purposes of Insurance Coverage
To read this entire item of approximately 1400 words online now in PDF format:
Click here to read this item if you are an existing subscriber to this publication.
Click here to purchase the full text of this item to read now (price: $25).
To subscribe to this publication and immediately access all its archives including this item, select the relevant publication under 'Catalogue' in the left-hand column
PLEASE NOTE: to read PDFs on www.argento.com you must be using Version 5 of Acrobat Reader or Adobe Reader. If you have an earlier version you can download the latest free of charge by clicking here
Olin Corporation v. Certain Underwriters at Lloyd’s of London, ___F.3d___
Olin sued its primary and excess carriers for the reimbursement of its remediation costs. Olin settled with its primary carriers and only Lloyd’s liability under its excess policies was tried at the district court level. The District Court’s instruction regarding what constitutes “property damage” was at issue in this case. The instruction did not consider the passive spread of contamination as constituting new property damage, thereby precluding the allocation of remediation costs over the years in which contamination occurred as the result of migrating contaminants. The court agreed that this instruction was erroneous in that property damage includes the passive migration or spread of contaminants. The case was remanded back to the District Court.
The information contained on this page is presented for your convenience as news and analysis. It is not intended as legal advice, nor should it be relied upon as such. Please consult an attorney for advice in your case or matter
Read related items on:
Topics) Insurance) Excess Coverage
Topics) Pollution and Contamination) Benzene
Topics) Pollution and Contamination) Insurance
Topics) Pollution and Contamination) Passive Migration
New York) Niagara Falls
2nd Circuit Court of Appeals
Olin Corporation v. Certain Underwriters at Lloyd's of London