Pure Tech Systems, Inc. v. Mt. Hawley Insurance

ROGERS, Circuit Judge.

Plaintiff-appellant Pure Tech Systems, Inc. (“Pure Tech”) operates a waste oil processing and recycling facility. In 1999, Pure Tech accepted a pair of 55-gallon drums of waste from a customer. One of the drums, unknown to Pure Tech, contained polychlorinated biphenyls, commonly termed “PCBs.” When Pure Tech processed the waste. Pure Tech’s oil separation/water reclamation system was contaminated. Pure Tech then submitted a claim for losses from the PCB-contamination under property insurance policies issued by defendants-appellees Mt. Hawley Insurance Company and General…