Amicus Library

CERCLA

CERCLA

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…