Further reflections on the owned property exclusion: A reply to mezzanotte and kopec
Titel:
Further reflections on the owned property exclusion: A reply to mezzanotte and kopec
Auteur:
Crompton, Chables S. Tracey, Peter L.
Verschenen in:
Environmental claims journal
Paginering:
Jaargang 10 (1998) nr. 3 pagina's 23-33
Jaar:
1998
Inhoud:
Among the defenses interposed by insurance companies that seek to avoid indemnifying their CGL policyholders for environmental cleanup costs, the so-called “owned property”; exclusion has been the focus of varying judicial interpretations. Contrary to the contentions of Messrs. Mezzanotte and Kopec in an earlierissue of Environmental Claims Journal, the courts of Delaware and Maryland do not differ in their threshold approach to the application of the owned property exclusion. Both states require actual damage to third-party property before any cleanup expenses incurred on the policyholder's own property will be covered. The Delaware Supreme Court's opinion in DuPont, however, proceeds to a second level of inquiry, in which the fact finder must determine whether the cleanup costs expended in connection with the policyholder's own property were incurred to repair the existing damage to third-party property, or were solely mitigative in nature. The Seventh Circuit's analysis in the Patz case, while rejected in DuPont, more accurately reflects the purpose of liability insurance.
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