ELR Citation: ELR 20004
No(s). 83-0085 Erie (W.D. Pa. Aug 7, 1984)

The court holds that an insurer that issued comprehensive general liability coverage to a hazardous waste site owner must indemnify and defend the site owner in a Comprehensive Environmental Response, Compensation, and Liability Act cleanup action. The property damages potentially covered by the policy include abatement costs aimed at preventing future damage. The alleged injury is to surface and sub-surface water, which is not property of the site owner within the meaning of the policy and so is covered.

Counsel for Plaintiff
Ralph Riehl III
Riehl & Bozza
2580 W. 8th St., Erie PA 16505
(814) 838-7920

Counsel for Defendant
William K. Harrington
Travelers Insurance Co., 580 Two Chatham Ctr., Pittsburgh PA 15219
(412) 456-4700