· 3/10/2022
Israel Salinas v. Charlie Ray James Investments, LLC
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that SCA’s knowledge went beyond simply knowing the existence of environmental contamination and its source
- “It follows from the general principle that an insured cannot insure against the consequences of an event which has already begun.”
- insured cannot recover for a loss known prior to the inception of the policy period
- no coverage for “known loss” where prior to purchasing policy, insured had actual knowledge that landfill had been declared a nuisance and was source of environmental contamination
- “insurable risk is eliminated in the instance where an insured knows, when it purchases a policy, that there is a substantial probability that it will suffer or has already suffered a loss”
- no duty to defend where site was ordered closed before effective date of policy
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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