GenCorp, Inc. v. American International Underwriters

SUHRHEINRICH, Circuit Judge.

This is a declaratory judgment action brought to determine whether certain excess insurance policies, which “sit above” and “follow form” to two underlying umbrella insurance policies, incorporate from the underlying umbrella policies an absolute pollution exclusion endorsement added after the policy period had ended and made retroactive to the inception date of the underlying umbrella policies.

I. Background

A. The Policies

Plaintiff GenCorp, Inc. (“GenCorp”) seeks coverage for alleged environmental liabilities under various insurance policies, including certain…