Broadwell Realty Services, Inc. v. Fidelity & Cas. Co. of NY

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing “that the cost of complying with an injunctive decree does not ordinarily fall within” the definition of “damages,” yet holding that certain cleanup expenses are covered by CGL policy
• providing the most complete and scholarly account of the origin and development of the pollution exclusion clause in CGL policies
• differentiating between expenditures for prevention of damage to other parties’ properties and expenditures for damage to insured’s property
• applying Oregon law and holding \discharge of pollution into water causes damage to tangible property and hence cleanup costs are recoverable under a property damage liability clause\
• “The exclusion was designed to decrease claims for losses caused by pollution by providing an incentive to industry to improve its manufacturing and disposal processes”
• \The exclusion was designed to decrease claims for losses caused by pollution by providing an incentive to industry to improve its manufacturing and disposal processes\

Source: CourtListener parenthetical corpus (CC0).