Continental Insurance Companies v. Northeastern Pharmaceutical & Chemical Co.

REHEARING EÑ BANC

Both Continental and the state filed petitions for rehearing en banc. Both petitions for rehearing en banc were granted, and the parties, and several amici curiae, including the federal government, several “hazardous waste generators,” the AIA, and several other insurers, filed supplemental briefs.

For reversal the state argues that (1) the district court erroneously held “property damage” did not occur until the federal and state governments actually incurred cleanup costs; (2) the plain meaning of the policy term “damages” includes “equitable” monetary relief such as cleanup…