Aetna Casualty & Surety Co. v. Commonwealth

I dissent from the majority opinion because (1) the insurance policies issued by American Nuclear Insurers (ANI) are third-party liability policies that do not provide coverage either for property damage to the insured site or for capital improvements to the site itself (referred to as “site measures”); (2) the trial court properly instructed the jury on the issue of fortuity and the jury’s verdict on that issue would preclude ANI’s liability with respect to the Commonwealth of Kentucky and U.S. Ecology even if coverage otherwise existed; and (3) ANI was not required to provide a defense to…