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Refuse Collector Must Pay for Damage
Publication year - 1993
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.1551-8833.1993.tb05929.x
Subject(s) - damages , supreme court , hazardous waste , law , liability , high court , business , declaration , political science , engineering , waste management
SCA Services, a refuse collector, was sued by the state of New York and the town of Tusten for damages caused when hazardous waste leached out of a landfill SCA used in 1973 and 1974 for industrial and chemical wastes. The site was near private homes and property, a well that provided drinking water to Tusten's inhabitants, and the Delaware River, which furnished water to communities in Pennsylvania and New Jersey. SCA had several comprehensive general liability (CGL) policies, which, however, excluded property damages arising out of pollution except for “sudden and accidental” damage. One of the insurers sought a declaration that it was not obligated to defend or indemnify SCA. The trial court ruled for SCA. The insurers appealed to the Appeals Court; however, the Supreme Judicial Court transferred the case on its own initiative. The trial court decision was reversed and the insurers were held not liabile.