Legal Opinion
Aeroquip Corporation v. Aetna Casualty and Surety Company, Inc.
Court of Appeals for the Ninth Circuit
Decided June 2, 1994No. 91-56356PublishedCited by 55 opinions
1Per curiam
Aeroquip Corporation brought this action against Aetna Casualty and Surety Company, Inc., seeking a declaration that certain Aetna insurance policies cover cleanup costs resulting from a leak in an underground fuel tank. Each policy excluded coverage for pollution, but some policies contained an exception to the exclusion for “sudden and accidental” pollution. The district court granted summary judgment in favor of Aetna. We conclude that Aeroquip, acting as the policyholder, had the burden of proving the exception to the exclusion and we therefore affirm.
Facts
In 1979, Aeroquip leased certain…
2Cases cited16 opinions
- Intel Corporation v. Hartford Accident & Indemnity CompanyCourt of Appeals for the Ninth Circuit · 1991
- In Re Larry Dean Kirkland and Billie Kirkland, Debtors. Security Pacific National Bank v. Larry Dean Kirkland and Billie KirklandCourt of Appeals for the Ninth Circuit · 1990
- Northern Insurance Company of New York v. Aardvark Associates, Inc. And Insurance Company of North America, Aardvark Associates, Inc.Court of Appeals for the Third Circuit · 1991
- J.R. Maffei Richard Maffei Betty J. Maffei v. Northern Insurance Company of New York Maryland Casualty Co.Court of Appeals for the Ninth Circuit · 1993
- Royal Globe Insurance v. WhitakerCalifornia Court of Appeal · 1986
11 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Highlands Insurance v. Aerovox Inc.Massachusetts Supreme Judicial Court · 1997
- Cincinnati Insurance Company v. Flanders Electric Motor Service, IncorporatedCourt of Appeals for the Seventh Circuit · 1994
- Aydin Corp. v. First State InsuranceCalifornia Supreme Court · 1998
- Lafarge Corporation v. Travelers Indemnity Co., Appalachian Insurance Company, Northbrook Insurance Company, First State Insurance CompanyCourt of Appeals for the First Circuit · 1997
- Northville Industries Corp. v. National Union Fire InsuranceNew York Court of Appeals · 1997
50 more not listed; retrieve them via the Exa API.