Shell Oil Co. v. Winterthur Swiss Insurance

How courts have described this case

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

• holding that what matters is whether the insured “actually knew or believed” that harm was highly probable or substantially certain and not what the insured “reasonably should have known”
• holding that, under an insurance policy’s “owned property” exclusion, “[e]xpenses solely for cleanup of first party property [a]re not covered unless they [a]re necessary to prevent imminent damage to third party property”
• reasoning that “sudden” must have a temporal element
• “[P]rejudice is not shown simply by displaying end results; the probability that such results could or would have been avoided absent the claimed default or error must also be explored.”
• “[WJhere damage is the direct and immediate result of an intended or expected event, there is no accident.”

Source: CourtListener parenthetical corpus (CC0).