E.I. du Pont de Nemours & Co. v. Allstate Insurance Co.

This is an interlocutory appeal in a coverage dispute between E.I. du Pont de Nem-ours & Co. and several insurance companies over the extent of the insurers’ liability for certain environmental claims. In response tó cross motions for partial summary judgment, the Superior Court held that (i) since the contamination at issue was part of a continuous damage process, all insurance policies in effect during that process are triggered; and (ii) each insurer, including du Pont for the period of time that it was self-insured, is liable in proportion to the amount of time it insured the risk. Du…