RECENT FEDERAL DECISIONS

August 2008

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District Court Grants Summary Judgment for Insurance Company Holding No Duty to Indemnify for Voluntary Cleanup Costs
Aggio v. Estate of Aggio, ___F.Supp.2d___

Sequoia Insurance Company (Sequoia), in its capacity as the liability insurer for defendant, the Estate of Joseph Aggio (the Estate), filed a motion for summary judgment in response to plaintiffs’ cost recovery action against the Estate under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the California Hazardous Substances Act (HSAA). Plaintiffs claimed they were entitled to recover costs for cleanup of contamination on real property located in Cotati, California (the site). The District District Court for the Northern District of California granted Sequoia’s motion for summary judgment, finding that Sequoia had no duty under the insurance policy to indemnify the Estate.