Intl Insurance Co v. RSR Corporation

DENNIS, Circuit Judge:

The principal issues in this ease are whether the jury’s finding that a claim was made under a claims-made Environmental Impairment Liability (“EIL”) insurance policy was (1) properly guided by an instruction that defined a “claim” as “an assertion by a third party ... that the insured is liable to it for damages ....”; and (2) supported by (a) undisputed facts and conclusions of law: the substantial lead pollution on Harbor Island near Seattle emanating from the insured’s lead smelting establishment; the Environmental Protection Agency (“EPA”)’s listing of Harbor Island…