SnyderGeneral Corp. v. Century Indemnity Co.

FITZWATER, District Judge:

This action to recover pursuant to a comprehensive general liability umbrella insurance policy for environmental cleanup costs, and on related theories, requires the court to interpret three separate provisions of the policy: (1) the pollution exclusion; (2) the “care, custody or control” exclusion; and (3)' the term “damages” in the insuring agreement of the policy. Because the court holds that the cleanup costs are not “damages” within the meaning of the policy, the court concludes that plaintiff is not entitled to recover the environmental cleanup expenses for…