Pennsylvania Supreme Court upholds right to pursue claims against insurance companies for long term environmental liabilities. (Notebook).
The Pennsylvania Supreme Court reversed the dismissal of an insurance coverage case finding that the appellant (Sunbeam, et al.) has the right to pursue claims against its general liability insurance companies for long term environmental pollution. In its decision, the Supreme Court explained that general liability insurance policies require the insurance companies to pay for the costs of cleaning up environmental pollution if that pollution was "sudden and accidental." The insurance companies contended that the insurance policies clearly do nor cover gradual pollution, even if the policyholder neither expected nor intended to pollute. The Pennsylvania Supreme Court disagreed, pointing to representations about the "sudden and accidental" language that the insurance companies made to the Pennsylvania Insurance Department three decades ago.
For more information about this specific case or this issue, contact Andrew Sprung with the Anderson Kill law firm at (646) 792-3739.