Legal Opinion

Enron Oil Trading & Transportation Co v. Walbrook Insurance

Court of Appeals for the Ninth Circuit

Decided December 23, 1997No. 96-35713PublishedCited by 3 opinions

1Opinion of the Court

SCHWARZER, Senior District Judge.

The principal issue, before us is whether, under Montana law, the pollution exclusion in a commercial general liability policy excludes coverage for losses sustained as a result of the addition of a foreign substance to crude oil transported in a pipeline. We hold that it does not.

BACKGROUND

This action was brought by Enron Oil Trading & Transportation Co. (“Enron”) in Montana state court against the defendants, who were its excess insurers under a liability policy. Enron seeks indemnity for amounts it paid Ashland Oil Company (“Ashland”) in settlement of an…

2Cases cited21 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. American States Insurance v. KolomsIllinois Supreme Court · 1997
  3. American States Insurance Co. v. KigerIndiana Supreme Court · 1996
  4. Julie Alexander, Carmel G. Abbate, Bozeman Anderson v. City of Chicago, a Municipal CorporationCourt of Appeals for the Seventh Circuit · 1993
  5. Goodrich v. BetkoskiCourt of Appeals for the First Circuit · 1996

16 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Enron Oil Trading & Transportation Company v. Walbrook Insurance CompanyCourt of Appeals for the Ninth Circuit · 1997
  2. Roinestad v. KirkpatrickColorado Court of Appeals · 2010
  3. Swank Enterprises, Inc. v. United Fire and Casualty CompanyDistrict Court, D. Montana · 2020

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