Insurers Liable for Pollution Damage

In 1985 New Castle County, Delaware, sued 12 insurance companies from which it had purchased comprehensive general liability (CGL) policies. The county sought a declaration of the carriers' duties to defend and indemnify it in three lawsuits originating from the discharge of pollutants from Tybouts Corner landfill, which the county operated. The trial court ruled in favor of the county. The appellate court concluded that the lawsuits were included within the basic coverage provisions. However, the court said that the trial court should have inquired whether the discharge–not the pollution damage‐was both sudden and accidental. The case was returned to the trial court for further review.