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Publication year - 1992
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.1551-8833.1992.tb05858.x
Subject(s) - damages , appeal , liability , accidental , business , agency (philosophy) , finance , law , political science , philosophy , physics , epistemology , acoustics
The Broderick Investment Company (BIC) succeeded the rights and obligations of Broderick Wood Products Inc. (BWP). BWP had operated a business from 1946 to 1982 involving pressure‐treating wood products with chemicals. It disposed of the residual chemicals, oil, and water into unlined pits on the plant property. In 1983 it was determined that contaminants were seeping into the soil and groundwater. In 1986, the US Environmental Protection Agency sued BIC, seeking to recover current and future costs associated with the cleanup. Several carriers had provided BWP with comprehensive general liability (CGL) coverage during the years in question; however, the policies excluded coverage for damages unless a discharge of pollutants into or upon land was sudden and accidental. This litigation arose in an attempt to seek a declaration that the CGL policies did not cover the cleanup costs. The trial court ruled for BIC and against the insurer. The trial court decision was reversed on appeal.