Buell Industries, Inc. vs. Greater Mutual New York Insurance Company
Year 2000
Court Connecticut Supreme Court
Case Number SC 16464
Issue
  • CERCLA
State
  • Connecticut

Under the Comprehensive Response, Compensation, and Liability Act, (CERCLA) payments for environmental remediation or “clean up” costs constitutes “damages” and should be compensable under liability insurance policies.

Related Docs
Author UP's brief was written pro bono by W. James Cousins, Jr. Esq. of McGowan & Cousins, PC, and Eugene R. Anderson, Robert M. Horkovich, Mark Garbowsky and Brian T. Valery (Law Clerk) of Anderson Kill & Olick, PC
Related Cases
Buell Industries, Inc. vs. Greater Mutual New York Insurance Company
Year: 2000
Court: Connecticut Supreme Court
Case Number: SC 16464
Issue:
  • CERCLA
State:
  • Connecticut

Under the Comprehensive Response, Compensation, and Liability Act, (CERCLA) payments for environmental remediation or “clean up” costs constitutes “damages” and should be compensable under liability insurance policies.
Chubb Custom Ins. Co., et al. v. Space Systems/Loral, Inc.
Year: 2010
Court: U.S. Court of Appeals, 9th Circuit
Case Number: 11-16272
Issue:
  • CERCLA
State:
  • California

UP’s brief argued that insurers should not be allowed to recoup funds under subrogation in CERCLA cases, arguing that allowing otherwise would create the risk of a windfall gain to insurers and that the intent of CERCLA was to maximize the amount of funds available…