THE CESSNA AIRCRAFT COMPANY, Plaintiff, v. HARTFORD ACCIDENT & INDEMNITY COMPANY, JOHN DOES, certain, UNIDENTIFIED UNDERWRITING MEMBERS OF LLOYD'S OF LONDON, ALLSTATE INSURANCE COMPANY, Successor to NORTHBROOK INSURANCE COMPANY, PINE TOP INSURANCE COMPANY, MANHATTAN FIRE & MARINE INSURANCE COMPANY, UNITED STATES FIRE INSURANCE COMPANY, WESTPORT INSURANCE CORP., f/k/a The Puritan Insurance Company, OLD REPUBLIC INSURANCE COMPANY, TWIN CITY FIRE INSURANCE COMPANY and INTERNATIONAL INSURANCE COMPANY, Defendants., 900 F. Supp. 1489

Summary

Plaintiff insured filed an action against numerous defendant insurers for a declaration of coverage for future loss, recovery of reasonably certain future losses and recovery of attorneys' fees resulting from an Environmental Protection Agency notice to plaintiff that it was a potentially responsible party in groundwater contamination. The court ruled on numerous summary judgment motions by plaintiff and defendants. The court determined that the "owned property" exclusions in the insurance policies at issue were inapplicable because groundwater could not be owned or controlled within the meaning of the exclusions. The court also held that groundwater exposure to contaminants could constitute an event triggering coverage under the policies and that the policies provided coverage for an unintended injury resulting from an intentional act. The court held that the claims of pollution exclusion from coverage, prejudicial untimely notice and noncooperation, and breach of contract were ...