Bituminous Casualty Corporation, Cross-Appellee v. Vacuum Tanks, Inc.

REAVLEY, Circuit Judge:

In this lost policy case, Bituminous Casualty Corporation (“Bituminous”) appeals a judgment entered in favor of its insured, Vacuum Tanks, Inc. (“VTI”). We modify the judgment so as to deny the award of attorney’s fees to VTI, and otherwise affirm.

BACKGROUND

VTI is in the business of transporting liquid waste materials from industrial sites to disposal sites. It became the subject of several pollution damage and cleanup claims relating to dumping activities from 1959 through 1965. These claims (the “underlying claims”), were asserted in three separate lawsuits. VTI…