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1
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OPINION
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EXTRACTED KEY WORDS
DEFENDANTS COUNTY COVERAGE PERSONAL INJURY ENDORSEMENT POLICIES INSURERS PROPERTY DAMAGE POLLUTION WASTE BODILY INJURY LIABILITY POLLUTION EXCLUSION UNDERLYING ACTION COMPLAINT POLICY INSURANCE ALLEGE SOLID WASTE OBLIGATES WRONGFUL ENTRY INVASION PLAINTIFF EVICTION DUTY SOLID WASTE MANAGEMENT WASTE MANAGEMENT FACILITY HKS PROVISIONS |
COUNTY OF COLUMBIA v. CONTINENTAL INSURANCE COMPANY, ET AL.,
83 N.Y.2d 618, 634 N.E.2d 946, 612 N.Y.S.2d 345 (1994).
May 12, 1994
3 No. 59 (1994 NY Int. 087)
Decided May 12, 1994
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
SMITH, J.:
This is a declaratory judgment action in which plaintiff seeks an
order that defendants are required to provide legal representation and
coverage for an action brought against it. Specifically, the issue is
whether "personal injury" endorsements in policies issued to plaintiff
by defendants require representation and coverage for liability
arising from alleged property damage resulting from the leaching of
toxic chemicals.
I
Each of the defendants insured plaintiff under comprehensive general
liability policies during the period in question. (n 1) All of the
policies contained a personal injury and advertising injury liability
endorsement, under which the insurers agreed to "pay on behalf of the
insured all sums which the insured shall become legally obligated to
pay as damages because of personal injury * * * to which this
insurance applies sustained by any person or organization and arising
out of the conduct of the named insured's business." Personal injury
was defined to include injury arising out of "wrongful entry or
eviction or other invasion of the right of private occupancy." (n
2)
The subject policies also provided coverage, with certain exceptions,
for property damage, bodily injury and personal injury liability. The
sections of the policies providing coverage for bodily injury and
property damage stated that the insurers would "pay on behalf of the
insured all sums which the insured shall become legally obligated to
pay as damages because of bodily injury (n 3) or property damage
(n 4) to which this insurance applies caused by an occurrence," and
that the insurers had a duty to defend any suit against the insured
seeking damages on account of such bodily injury or property damage.
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