The court holds that the insurer of a dry cleaning equipment manufacturer has no duty-to-defend the manufacturer for claims arising out of perchloroethylene (perc) contamination caused by the equipment. The court first notes that because the perc contamination is clearly within the insurance policy'...
The court holds that two endorsements to a helicopter company's aircraft liability insurance policy do not provide coverage for damages resulting from an oil spill at a hospital's helipad. The hospital contracted with the company for emergency transport services. After obtaining a jury verdict again...
The court holds that the Secretary of Transportation's failure to issue an environmental impact statement (EIS) in connection with an order awarding takeoff and landing slots to airlines at LaGuardia Airport in New York did not violate the National Environmental Policy Act (NEPA). The Secretary gran...
The court holds that the U.S. Constitution does not mandate retroactive application of a Pennsylvania Supreme Court decision to a waste disposal company owner who was convicted under state law for operating a hazardous waste facility without a permit. The waste facility operator and a co-defendant e...
The court holds unconstitutional a state statute that provides immunity from nuisance suits to farms in designated agricultural areas. A county's approval of an application for an agricultural area gave the applicants immunity from nuisance suits. Neighbors of the applicants contend that the approva...
The court holds that two insurance companies breached their duty to defend a chemical distributor in a class action alleging personal injuries caused by toxic fumes from a warehouse fire. The court first holds that a pollution exclusion endorsement added to the distributor's policy with its primary ...
The court holds constitutional a local zoning ordinance prohibiting land removal businesses from expanding in surface area their existing excavated area by more than 25 percent unless they obtain a special use permit. The court first holds that it will analyze the case under the doctrine of substant...
The court holds that the pollution exclusion clause in a former hotel owner's general liability insurance policy bars coverage of personal injury claims brought by hotel guests who suffered carbon monoxide (CO) poisoning. The court first rejects the former owner's contention that the pollution exclu...
The court holds that a state environmental agency order notifying an insured that it is a potentially responsible party (PRP) for pollution and requiring remediation is not a "suit" triggering insurers' duty to defend under comprehensive general liability (CGL) policies. Under the policies, the insu...
The court holds that under South Carolina law, an insurer must indemnify its insured for gasoline damage caused to a third-party claimant's property if the insured's third-party liability policy was still in effect when the underground gasoline leak reached the claimant's property. The leak was disc...