Capitol Environmental Services, Inc. v. North River Insurance

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

At issue on cross-motions for summary judgment in this insurance coverage dispute are the following questions:

1. Whether an insurer has a duty to defend its insured against a third party complaint where, as here, the third party complaint fits within the policy coverage, but the insurer contends that facts extrinsic to the third party complaint preclude coverage;

2. Whether a policy exclusion for “operations including ... transportation, treatment and disposal, documentation and management of waste handling” clearly and unambiguously applies to…