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Administrative Cleanup Orders
November 2005: California Supreme Court Addresses Landfill Liability for Water Quality Impacts: If No Damage Award, then No Indemnity County of San Diego v. Ace Property & Casualty Insurance Co., ___Cal.4th___ S114778 (Cal. Aug. 29, 2005)
Bad Faith
November 2007: Third District Court Ruling in Bad Faith Insurance Case Likely to Impact Water Agency Negotiations in Groundwater Contamination Cases Aerojet-General Corporation v. Commercial Union Insurance Company 155 Cal.App.4th 132 (3rd Dist. 2007)
Comprehensive Enviornmental Response, Compensation and Liability Act
January 2010: District Court Finds Mandatory Contractual Provisions Requiring the Burning of Hazardous Waste Is¨Not Evidence that the U.S. Was an ‘Operator’ under CERCLA Steadfast Insurance Co. v. U.S., ___F.Supp.2d___ CV 09-4686 AHM (C.D. Cal. Nov. 10, 2009)
August 2008: 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___ 04-4357 (N.D. Cal. June 19, 2008)
Comprehensive General Liability Insurance
June 2010: Seventh Circuit Enforces Pollution Exclusion in CGL Policy Concerning Groundwater Contamination Arising from Gasoline Leak West Bend Mutual Insurance Company v. United States Fidelity and Guaranty Company, ___F.3d___ 09-2519 (7th Cir. 2010)
November 2008: District Court Rules that General Liability Insurers Have a Duty to Defend when Sudden and Accidental Nature of Release Is Ambiguous Industrial Enterprises, Inc. v. Penn America Insurance Co., ___ F.Supp.2d ___ RDB-07-2239 (D. Md. Sept. 2, 2008)
August 2008: First Circuit Holds Owned-Property Exclusion Does Not Prohibit Recovery under Insurance Policy for Remediation where Contamination Is Migrating Off-Site Boston Gas Company v. Century Indemnity Company, ___F.3d___ 07-1452 (1st Cir. June 10, 2008)
November 2005: California Supreme Court Offers New Hope for Those Seeking to Trigger Coverage on Cleanup Costs Ordered by an Administrative Agency Powerline Oil Company v. Superior Court of Los Angeles 37 Cal.4th 377 (Cal. Aug. 29, 2005)
May 2004: New Jersey Supreme Court Applies Multiple Insurance Policy Deductibles to Claim fo Ongoingn Pollution Benjamin Moore & Co. v. Aetna Casualty & Surety Company Supreme Court of New Jersey, 843 A.2d 1094 (N.J. March 24, 2004)
August 2003: Second Circuit Rejects Environmental Insurance Coverage Claim and Reaffirms That New York Law Determines Claims for Multi-Site Insureds Maryland Casualty Company v. Continental Casualty Co. ___F.3d___, Case No. 01-7482 (2nd Cir. June 13, 2003).
Cost Cap Policies
September 2004: New York District Court Rules that Cost Cap Policy Covers All Investigation and Remediation Costs Required by EPA. Frazer Exton Development, L.P. v. Kemper Environmental, Ltd., ___F.Supp.2d___ 03 Civ. 0637 (HB) (S.D. N.Y July 28, 2004)
Dedecutibles
May 2004: New Jersey Supreme Court Applies Multiple Insurance Policy Deductibles to Claim fo Ongoingn Pollution Benjamin Moore & Co. v. Aetna Casualty & Surety Company Supreme Court of New Jersey, 843 A.2d 1094 (N.J. March 24, 2004)
Definitions
November 2007: Third District Court Ruling in Bad Faith Insurance Case Likely to Impact Water Agency Negotiations in Groundwater Contamination Cases Aerojet-General Corporation v. Commercial Union Insurance Company 155 Cal.App.4th 132 (3rd Dist. 2007)
November 2005: Fifth Circuit Finds Environmental Insurer Must Indemnify Insured for EPA-CERCLA Response Costs International Insurance Co. v. RSR Corporation, et al., ___F.3d___ 04-10311 (5th Cir. Sept. 19, 2005)
Directors and Officers Policies
January 2005: Ohio Expands Erosion of Pollution Coverage into Directors and Officers Policies Danis v. Great American Insurance Co. 20236 (Oh. App. Nov. 19, 2004)
Duty to Defend
November 2008: District Court Rules that General Liability Insurers Have a Duty to Defend when Sudden and Accidental Nature of Release Is Ambiguous Industrial Enterprises, Inc. v. Penn America Insurance Co., ___ F.Supp.2d ___ RDB-07-2239 (D. Md. Sept. 2, 2008)
November 2005: California Supreme Court Offers New Hope for Those Seeking to Trigger Coverage on Cleanup Costs Ordered by an Administrative Agency Powerline Oil Company v. Superior Court of Los Angeles 37 Cal.4th 377 (Cal. Aug. 29, 2005)
October 2004: Fifth Circuit Upholds Jury Award for Breach of Duty to Defend under Pollution Endorsement-Based Insurance Policies Primrose Operating Co., Cada Operating, Inc. v. National American Insurance Co., ___ F.3d ___ 03-10861 (5th Cir. Aug. 23, 2004)
September 2004: Eighth Circuit Lacks Jurisdiction to Review EPA Opinion Letter that Restates Existing Law First Realty, Ltd. v. Frontier Insurance Company, et al., ___F.3d___ 00-3930 (8th Cir. Aug. 6, 2004)
July 2004: District Court Holds Duty to Defend and Indemnify in Case of Suit Arises only after a Lawsuit Is Filed in a Court of Law. American Motorists Insurance Company v. Stewart Warner Corporation,___F.Supp.2d___ (N.D. Ill. May 17, 2004).
Environmental Financial Assurance
August 2004: Fourth Circuit Affirms Dismissal of Direct CERCLA Action Against Insurers Providing Financial Assurances Required by RCRA South Carolina Department of Health and Environmental Control v. Commerce and Industry Insurance Co.___ F.3d ___ 03-1329 (4th Cir. June 8, 2004)
Environmental Insurance
November 2005: Fifth Circuit Finds Environmental Insurer Must Indemnify Insured for EPA-CERCLA Response Costs International Insurance Co. v. RSR Corporation, et al., ___F.3d___ 04-10311 (5th Cir. Sept. 19, 2005)
September 2004: New York District Court Rules that Cost Cap Policy Covers All Investigation and Remediation Costs Required by EPA. Frazer Exton Development, L.P. v. Kemper Environmental, Ltd., ___F.Supp.2d___ 03 Civ. 0637 (HB) (S.D. N.Y July 28, 2004)
May 2004: Complying More Cheaply—Reducing the Expense of Environmental Penalties and Fines
March 2004: Ninth Circuit Holds that Insurer of Underground Storage Tanks Cannot Rescind Policy Retroactively for Misrepresentations Zurich American Insurance Company v. Whittier Properties, Inc. ___F.3d___, Case No. 02-36101 (9th Cir. Jan. 29, 2004)
November 2003: Second Circuit Reverses Dismissal Of Environmental Claims Against Excess Insurers For Late Notice Olin Corporation v. American Re-Insurance Company ___F.3d___, Case No. 02-9325 (2nd Cir. Sept. 2, 2003).
September 2003: Eighth Circuit Rejects Insureds’ Attempt to Relitigate Insurance Coverage for Groundwater Contamination where It Uncovered New Evidenece of an “Accidental” Cause Liberty Mut. Ins. Co. v. FAG Bearings Corp. ___F.3d___, Case No. 01-3522 (8th Cir. July 10, 2003).
August 2003: Second Circuit Rejects Environmental Insurance Coverage Claim and Reaffirms That New York Law Determines Claims for Multi-Site Insureds Maryland Casualty Company v. Continental Casualty Co. ___F.3d___, Case No. 01-7482 (2nd Cir. June 13, 2003).
November 2002: District Court: Chemical Company Secures Trial on Coverage for DBCP Liability Dow Chemical Company v. Fireman's Fund Insurance Company ___F.Supp.2d___, Case No. 96-75832 (E.D. Mich. Aug. 28, 2002)
October 2002: Second Circuit Finds Insured Proved Coverage under Lost Policies in Connection with Four New York Waste Disposal Sites Burt Rigid Box, Inc. v. Travelers Property Casualty Corp., ___F.3d___,Case Nos.01-7230(L),01-7649(XAP)(2nd Cir.Aug.16,2002).
April 2001: California Appellate Court Requires Insured To Prove Amount of Damage Caused by Covered Event in order To Be Reimbursed for Clean-Up Costs under Insurance Policy Golden Eagle Refinery Company, Inc. V. Associated International Insurance Company ___Cal.App.4th___, Case No. B132448 (2nd. Dist. Jan. 3, 2001).
February 2001: Arizona Court Finds Feces Not a "contaminant" or "irritant" for Purposes of the Absolute Pollution Exclusion Clause Keggi v. Northbrook Property and Casualty Insurance Company ___Az.App.___, 13 P.3d 785;2000 LEXIS 173 (Ariz. Dec. 5, 2000)
Excess Coverage
November 2007: Third District Court Ruling in Bad Faith Insurance Case Likely to Impact Water Agency Negotiations in Groundwater Contamination Cases Aerojet-General Corporation v. Commercial Union Insurance Company 155 Cal.App.4th 132 (3rd Dist. 2007)
January 2007: Second Circuit Holds Property Damage Includes the Passive Migration of Contamination into Soil and Groundwater for Purposes of Insurance Coverage Olin Corporation v. Certain Underwriters at Lloyd’s of London, ___F.3d___ 05-5123-cv (2nd Cir. Nov. 7, 2006)
November 2005: California Supreme Court Offers New Hope for Those Seeking to Trigger Coverage on Cleanup Costs Ordered by an Administrative Agency Powerline Oil Company v. Superior Court of Los Angeles 37 Cal.4th 377 (Cal. Aug. 29, 2005)
December 2003: 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 797 N.E.2d 434 (Mass. App. Oct. 17, 2003).
November 2003: Second Circuit Reverses Dismissal Of Environmental Claims Against Excess Insurers For Late Notice Olin Corporation v. American Re-Insurance Company ___F.3d___, Case No. 02-9325 (2nd Cir. Sept. 2, 2003).
Flooding
November 2009: FEMA Sued in Federal District Court for Issuance of Flood Insurance Constituting a Violation of the Endangered Species Act WildEarth Guardians v. Federal Emergency Management Administration 01-0079-MCA/RLP (D. N.M. 2009)
March 2005: California Department of Water Resources Proposes Changes to the State’s Flood Control System
General
May 2001: All Parties to a Clean Water Act Citizen Suit May Be Named in an Insurer's Declaratory Relief Action Legion Ins. Co. v. Wisconsin-California Forest Products ___F.Supp.2d___, 2001 U.S.Dist.LEXIS 1599 (E. D. Cal. Feb. 6, 2001).
May 2001: All Parties to a Clean Water Act Citizen Suit May Be Named in an Insurer's Declaratory Relief Action Legion Ins. Co. v. Wisconsin-California Forest Products ___F.Supp.2d___, 2001 U.S.Dist.LEXIS 1599 (E. D. Cal. Feb. 6, 2001)
April 2001: Insurance Company Has No Duty to Defend Policyholder where Alleged Misconduct Occurred outside the Coverage Period Buena Vista Mines, Inc. V. Industrial Indem. Co. ___Cal.App.4th___, Case No. B 138 302 (2nd. Dist. Feb. 28, 2001)
February 2001: Sixth Circuit Finds Insurer Not Responsible for Defending Insured for False Claims Act Violations which were Based on Clean Water Act Violations M/G Transport Services, Inc. v. Water Quality Insurance Syndicate ___F.3d___,No. 993889 (6th Cir. Dec. 12, 2000)
Lost Policies
October 2002: Second Circuit Finds Insured Proved Coverage under Lost Policies in Connection with Four New York Waste Disposal Sites Burt Rigid Box, Inc. v. Travelers Property Casualty Corp., ___F.3d___,Case Nos.01-7230(L),01-7649(XAP)(2nd Cir.Aug.16,2002).
Notice
August 2002: Tenth Circuit Reverses Jury Verdict Awarding Insurance Coverage to Colorado Sewage Treatment Entity, though Notice Was Untimely Metro Wastewater Reclamation District v. Fireman’s Fund Insurance Company, ___F.3d___, Nos. 99-1327, 99-1336, 01-1196, 01-1234 (10th Cir. May 24, 2002).
Pollutants
February 2008: Ninth Circuit Holds Diminution of Property Value Due to Environmental Contamination Does Not Invoke a Duty to Indemnify or Constitute Damages under General Insurance Policy Goodstein v. Continental Casualty Co., ___F.3d___ 05-35805 (9th Cir. Dec. 3, 2007)
January 2005: New York District Court Holds Pollution Exclusion Clause Does Not Include Contaminants such as Lead Paint Herald Square Loft Corp. v. Merrimack Mutual Fire Insurance, ___F.Supp.2d___ 03 Civ. 7682 (S.D. N.Y. Nov. 16, 2004)
Pollution Endorsement Policy
November 2008: District Court Rules that General Liability Insurers Have a Duty to Defend when Sudden and Accidental Nature of Release Is Ambiguous Industrial Enterprises, Inc. v. Penn America Insurance Co., ___ F.Supp.2d ___ RDB-07-2239 (D. Md. Sept. 2, 2008)
October 2004: Fifth Circuit Upholds Jury Award for Breach of Duty to Defend under Pollution Endorsement-Based Insurance Policies Primrose Operating Co., Cada Operating, Inc. v. National American Insurance Co., ___ F.3d ___ 03-10861 (5th Cir. Aug. 23, 2004)
Pollution Exclusion
June 2010: Seventh Circuit Enforces Pollution Exclusion in CGL Policy Concerning Groundwater Contamination Arising from Gasoline Leak West Bend Mutual Insurance Company v. United States Fidelity and Guaranty Company, ___F.3d___ 09-2519 (7th Cir. 2010)
June 2009: News from the West
November 2008: District Court Finds Spilled Heating Oil Did Not Constitute a ‘Pollutant’ under the Clean Water Act or Fall under the Pollution Exclusion of a Homeowners Insurance Policy Whitmore v. Liberty Mutual Fire Insurance Co., ___ F.Supp.2d___ 07-5162 (E.D. Pa Sept. 30, 2008)
October 2008: Eleventh Circuit Reverses/Remands District Court Order—Finds Insurance Company Not Responsible for Providing Defense to Engineering Firm Due to Pollution Exclusion Clause James River Ins. Co. v. Ground Down Engineering, Inc., ___F.3d___ 07-13207 (11th Cir. Aug. 20, 2008)
August 2008: First Circuit Holds Owned-Property Exclusion Does Not Prohibit Recovery under Insurance Policy for Remediation where Contamination Is Migrating Off-Site Boston Gas Company v. Century Indemnity Company, ___F.3d___ 07-1452 (1st Cir. June 10, 2008)
February 2007: Fourth District Court Decides that Disputed Factual Issue Remains for Insurance Coverage under “Sudden And Accidental” Exception to Pollution Exclusion Clause State of California v. Underwriters at Lloyd’s of London, et al., ___Cal.App.4th ___ E037627 (4th Dist. Dec. 28, 2006)
May 2005: Wisconsin Appeals Court Determines that Insurance Policy’s Exclusion of Damages ‘Arising out of’ Oil Spill Applies to Damages Caused by Bad Smell of Oil State Farm & Casualty Co. v. Acuity 04-01621, 2005 (Wisc. Ct. App., March 15, 2000)
January 2005: Ohio Expands Erosion of Pollution Coverage into Directors and Officers Policies Danis v. Great American Insurance Co. 20236 (Oh. App. Nov. 19, 2004)
January 2005: New York District Court Holds Pollution Exclusion Clause Does Not Include Contaminants such as Lead Paint Herald Square Loft Corp. v. Merrimack Mutual Fire Insurance, ___F.Supp.2d___ 03 Civ. 7682 (S.D. N.Y. Nov. 16, 2004)
September 2004: Eighth Circuit Lacks Jurisdiction to Review EPA Opinion Letter that Restates Existing Law First Realty, Ltd. v. Frontier Insurance Company, et al., ___F.3d___ 00-3930 (8th Cir. Aug. 6, 2004)
September 2003: California Court of Appeal Finds Qualified Pollution Exclusion Exempts Coverage for Discharge of Contamination Occurring before the Policy Period, Even If Damage Is Ongoing Westoil Terminals Co., Inc. v. Industrial Indemnity Company 110 Cal.App.4th 139 (2003).
September 2003: Court of Appeals of New York Holds that Absolute Pollution Exclusion in Insurance Policy Does Not Apply to Indoor Paint Fumes Belt Painting Corp. v. TIG Insurance Company Case No. 86 (N.Y. App. July 1, 2003).
August 2003: D.C. Circuit Finds Pollution Exclusion Does Not Bar Coverage from Carbon Monoxide Fumes Leaking from Furnace Richardson v. Nationwide Mutual Insurance Company. ___F.3d___, Case No. 01-SP-1451 (D.C. Cir. June 12, 2003).
August 2003: Second Circuit Rejects Environmental Insurance Coverage Claim and Reaffirms That New York Law Determines Claims for Multi-Site Insureds Maryland Casualty Company v. Continental Casualty Co. ___F.3d___, Case No. 01-7482 (2nd Cir. June 13, 2003).
May 2003: Deodorizers May Be Considered Pollutants for Pollution Exclusion Purposes Mark I Restoration SVC v. Assurance Company of America ___F.Supp.2d___, Case No. 02-3729 (N.D. Penn. March 12, 2003).
March 2003: Pennsylvania Superior Court Finds Carbon Monoxide Is a Pollutant for Pollution Exclusion Purposes Matcon Diamond Inc. v. Penn National Insurance Co Case No. 186 WDA 2002 (Super. Ct. Penn. Jan. 17, 2003)
September 2002: New Jersey Court Finds No Coverage for Indoor Carbon Monoxide Poisoning under Limited Form Pollution Exclusion Leo Haus, Inc. v. Selective Insurance, ___A.2d___, Case No.A-5301-00T5 (Superior Court of New Jersey, Appellate Division, July 5,2002).
September 2002: Pennsylvania Superior Court Finds that Gasoline Is a Pollutant, Barring Recovery by Service Stations un-der Its Insurance Policy 314 Wagner, et al. v. Erie Insurance Company, Case No. 1158 (Super.Court of Penn., Appellate Division, May 22,2002).
August 2002: Another New York Court Finds Indoor Fumes Are Not Subject to the Absolute Pollution Exclusion.

Belt Painting Corp. v. TIG Ins. Co., 742 N.Y.S.2d 332 (N.Y.App.May 13,2002).

December 2001: Ninth Circuit Holds that Insurer Has No Duty to Defend Insured in a Nuisance Action Indiana Lumbermens Mutual Insurance Co. v. West Oregon Wood Products, Inc. ___F.3d___, Case No. 00-35621 (9th Cir. Oct. 5, 2001).
February 2001: Arizona Court Finds Feces Not a "contaminant" or "irritant" for Purposes of the Absolute Pollution Exclusion Clause Keggi v. Northbrook Property and Casualty Insurance Company ___Az.App.___, 13 P.3d 785;2000 LEXIS 173 (Ariz. Dec. 5, 2000)
Subrogation
June 2005: District Court Dismisses Insurers Claims against Federal Government on Lack of Subject Matter Jurisdiction American Int’l Specialty Lines Insurance Co. v. U.S., ___F.Supp.2d___ C 04-01591 (N.D. Cal. March 24, 2005)
February 2004: District Court Holds that Liability Insurer Does Not Qualify as an Innocent Party under CERCLA California Dep’t of Toxic Substances Control v. City of Chico ___F.Supp.2d___, Case No. Civ. S-02-442 LKK/DAD (E.D. Cal. Jan. 8, 2004).
Sudden and Accidental Coverage
June 2009: News from the West
February 2007: Fourth District Court Decides that Disputed Factual Issue Remains for Insurance Coverage under “Sudden And Accidental” Exception to Pollution Exclusion Clause State of California v. Underwriters at Lloyd’s of London, et al., ___Cal.App.4th ___ E037627 (4th Dist. Dec. 28, 2006)
Title Insurance
February 2008: Late Notice to Title Insurer of Wetlands Settlement Does Not Destroy Coverage Claim New Jersey Department of Environmental Protection v. DiFlorio, et al. L-2070-02 (N.J. App. Div. Dec. 28, 2007)
Underground Storage Tanks
March 2004: Ninth Circuit Holds that Insurer of Underground Storage Tanks Cannot Rescind Policy Retroactively for Misrepresentations Zurich American Insurance Company v. Whittier Properties, Inc. ___F.3d___, Case No. 02-36101 (9th Cir. Jan. 29, 2004)
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