Bituminous Casualty Corporation v. Vacuum Tanks, Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JOHNSON, Circuit Judge:
Bituminous Casualty Corporation (Bituminous) appeals a declaratory judgment entered by the district court in favor of Vacuum Tanks, Inc. (VTI). The district court found that Bituminous had a duty to defend VTI against claims arising under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) which resulted from VTI’s waste dumping activities from 1959-1965. Bituminous was VTI’s liability insurance carrier during that time period, but neither the parties nor the insurance agent could find copies of the insurance policies. VTI proved…
2Cases cited19 opinions
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- McCraw v. MarisTexas Supreme Court · 1992
- Bellefonte Underwriters Insurance Co. v. BrownTexas Supreme Court · 1986
- William Jones v. Roadway Express, Inc.Court of Appeals for the Fifth Circuit · 1991
- Bellefonte Underwriters Ins. Co. v. BrownCourt of Appeals of Texas · 1983
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- Servants of the Paraclete, Inc. v. Great American InsuranceDistrict Court, D. New Mexico · 1994
- Domtar, Inc. v. Niagara Fire Insurance Co.Supreme Court of Minnesota · 1997
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