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- Title
Emissions Not Covered under Products-Operations Hazards Clause.
- Abstract
The article reports that the Ninth Circuit Court of Appeals has concluded that products-operations hazards clause unambiguously excluded coverage for emissions from the production of fiber glass bathtubs in Hydro Systems Co. v. Continental Insurance Co. Since neighbors of the plant complained about the smell of the emissions at the Hydro Systems plant, the local government took action to prevent the emissions by suspending Hydro's operating permit. Hydro then sought coverage for the litigation and compliance costs from its insurer, Continental Insurance. After examining the insurance policy which clearly excluded coverage for emissions from Hydro production, the court held that Continental did not have an obligation to defend.
- Subjects
HYDRO Systems Co.; CONTINENTAL Insurance Co.; HAZARDS; EMISSIONS (Air pollution); AIR pollution; GLASS fibers; LIABILITY insurance; INSURANCE policies; APPELLATE courts; ACTIONS &; defenses (Law)
- Publication
Journal of Risk & Insurance, 1991, Vol 58, Issue 3, p560
- ISSN
0022-4367
- Publication type
Article