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· 10/23/1989

New Castle County v. Continental Cas. Co.(CNA)

Citations

  • 725 F. Supp. 800
  • 21 Envtl. L. Rep. (Envtl. Law Inst.) 21
  • 31 ERC (BNA) 1297
  • 1989 U.S. Dist. LEXIS 13159

How courts have described this case

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

  • concluding in leachate pollution case that the “entire injurious process may constitute ‘injury’ under the terms of the policies”
  • holding that “injurious process” was initiated before leachate contamination
  • holding that \injurious process\ was initiated before leachate contamination
  • noting that the “process that led to this property damage began as early as the first half of 1969” and referring to testimony indicating that “there had been a slight deterioration of the wells at Tybouts by July, 1969”
  • “CNA offered unrefuted evidence ... that leachate would have eventually caused property damage even had all chemical waste been turned away from the site.”
  • state-of-the-art knowledge about leachate from landfills apparently introduced by insured on issue of whether the pollution was expected

Source: CourtListener parenthetical corpus (CC0).

Judges: Latchum

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.