Nicor, Inc. v. Associated Electric & Gas Insurance Services Ltd.

The $10 million question in this case is whether mercury spills during 17 years of insurance coverage were a single occurrence or separate occurrences.

Nicor, Inc., and Northern Illinois Gas Co., d/b/a Nicor Gas Co. (Ni-cor), seek coverage from their general liability insurers for costs associated with the investigation and cleanup of mercury in customers’ residences during a 17-year period. The mercury contamination was the result of Nicor’s removal of mercury-containing gas meter regulators. In 0.5% of the removals, mercury was spilled.

The trial court entered partial summary judgment for…