"Personal Injury" Insurance Coverage for CERCLA Clean-up Costs?

Posted on March 12, 2011 by Vorys

Relying on an interpretation of Washington State Law, the federal district court for the eastern district of Washington opens the door for potential coverage of CERCLA clean up costs under the "personal injury" section of a CGL policy.  The decision may be significant because pollution exclusion clauses generally do not apply to personal injury coverage.  The opinion, Newmont U.S.A. Ltd. v. American Home Assurance, Case No. CV-09-0033-JLQ, can be found here.

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