Insurers get reprieve in pollution cases.

National Underwriter Property & Casualty-Risk & Benefits Management, September, 1989 by Knowles, Robert G.

Insurers Get Reprieve In Pollution Case If allowed to stand, a Sept. 6 California appeals court ruling could stymie efforts by industrial polluters across the nation to make their liability insurers pay as much as $25 billion to clean up toxic waste dumps. The ruling came from the state Sixth District Court of Appeal in San Jose, Calif.

Because it dissents from an earlier state appeals court decision, the ruling almost certainly will be reviewed by the California Supreme Court. It likely also will be argued before the U.S. Supreme Court, according to attorneys for the two sides. Writing for the three-member court, Judge P.J. Agliano held in AIU Insurance Co. et al vs. the Superior Court of Santa Clara County, that a federal defense contractor--the FMC Corp....

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