Legal Opinion

Claussen v. Aetna Casualty & Surety Co.

District Court, S.D. Georgia

Decided December 7, 1990No. CV 185-248PublishedCited by 23 opinions

1Opinion of the Court

ORDER

EDENFIELD, Chief Judge.

As Yogi Berra once said, “it’s like déjá vu all over again.” Once again, the Court is asked to decide the summary judgment motion of the defendant, Aetna Casualty and Surety Company (“Aetna”). Aetna requests summary judgment against the plaintiff, Henry Claussen, on three grounds. First, Aetna claims that Claus-sen’s claim is barred by the “owned property exclusion.” Second, Aetna claims that the pollution discharge was “sudden,” even as the Georgia Supreme Court has defined the word. Third, Aetna claims that the response costs demanded by the EPA are not “damages”…

2Cases cited20 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Day & Zimmermann, Inc. v. ChallonerSupreme Court of the United States · 1975
  4. Claussen v. Aetna Casualty & Surety Co.Supreme Court of Georgia · 1989
  5. Powers Chemco, Inc. v. Federal InsuranceNew York Court of Appeals · 1989

15 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Morton International, Inc. v. General Accident InsuranceSupreme Court of New Jersey · 1993
  2. Westchester Fire Ins. Co. v. City of Pittsburg, Kan.District Court, D. Kansas · 1991
  3. Boardman Petroleum, Inc. v. Federated Mutual InsuranceCourt of Appeals for the Eleventh Circuit · 1998
  4. Village of Morrisville Water & Light Department v. United States Fidelity & Guaranty Co.District Court, D. Vermont · 1991
  5. Figgie International, Inc. v. Fred W. Bailey, James Upfield, Travelers Ins. Co., and Insurance Co. Of North AmericaCourt of Appeals for the Fifth Circuit · 1994

18 more not listed; retrieve them via the Exa API.

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