Does the Term Damages in the Comprehensive General Liability Insurance Policy Include Environmental Cleanup Costs
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Authors
Scaglione, Gregory C.
Issue Date
1989
Volume
22
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Environmental agencies discover hazardous waste sites in America almost daily. Consequently, the legal system has been exposed to extensive litigation involving environmental contamination. Insurance companies and their insureds are requesting declaratory judgments relating to policy coverage of environmental cleanup costs. Among the most controversial issues is whether the term "damages" in the comprehensive general liability ("CGL") insurance policy includes environmental cleanup costs. In Continental Insurance Cos. v. Northeastern Pharmaceutical& Chemical Co., ("NEPACCO") the United States Court of Appeals for the Eighth Circuit predicted that the Missouri Supreme Court would technically construe the term "damages" within the insurance context to exclude cleanup costs. Sitting en banc, the court reversed in part its prior panel decision which had held that cleanup costs were included within the ordinary meaning of damages. This Note examines the Eighth Circuit's decision in NEPACCO which construed "damages" as excluding cleanup costs. This Note then reviews Missouri's common law rules of insurance policy construction and the interpretations of "damages" forwarded by other jurisdictions...
Description
Citation
22 Creighton L. Rev. 1035 (1988-1989)
Publisher
Creighton University School of Law