Premium
Environmental Damage Not an “Occurrence”
Publication year - 1991
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.1991.tb07079.x
Subject(s) - indemnity , damages , hazardous waste , reservation , business , law , property insurance , declaration , forensic engineering , political science , engineering , insurance policy , casualty insurance , waste management
The State of Colorado had sued two parties in federal court for releasing hazardous substances into soil and water in the California Gultch (sic) and Yak Tunnel near Leadville. Those parties cross‐sued against Hecla Mining Co. and others, alleging they contributed to the release of the hazardous substances. Hecla demanded that its insurers, Industrial Indemnity Co. and New Hampshire Insurance Co., provide a defense. New Hampshire did, with reservation of its rights. Industrial refused and brought this suit in the Colorado courts seeking a declaration that it had no duty to defend. Both insurance policies provided coverage for damages caused by an “occurrence” that was an “accident.” The trial court ordered both insurers to defend Hecla.