(Download) "American National Fire Insurance Co. V. B & L Trucking And Construction Co." by Washington Supreme Court * eBook PDF Kindle ePub Free

eBook details

Title: American National Fire Insurance Co. V. B & L Trucking And Construction Co.
Author : Washington Supreme Court
Release Date : January 19, 1998
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 87 KB

Description

This case presents the issue of whether pollution cleanup costs should be allocated between insurer and insured when the pollution occurred over many years and the insured was insured during only a portion of the entire polluting period. Eagle Trucking, Inc. and its owner, William Fjetland, were held liable in a CERCLA*fn1 action for a percentage of the cleanup costs of a contaminated landfill. Fjetland brought claims against its insurers seeking coverage for these costs. The trial court allocated costs between insured and one of its insurers, The Maryland/Northern Insurance Company of New York, on a pro rata basis. The Court of Appeals, however, held that because of ambiguity in the insurance policy language, costs may not be allocated. We affirm the Court of Appeals.