Legal Opinion

Bituminous Casualty Corporation v. Vacuum Tanks, Inc.

Court of Appeals for the Fifth Circuit

Decided October 22, 1992No. 91-2709PublishedCited by 41 opinions

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

  1. Salve Regina College v. RussellSupreme Court of the United States · 1991
  2. McCraw v. MarisTexas Supreme Court · 1992
  3. Bellefonte Underwriters Insurance Co. v. BrownTexas Supreme Court · 1986
  4. William Jones v. Roadway Express, Inc.Court of Appeals for the Fifth Circuit · 1991
  5. Bellefonte Underwriters Ins. Co. v. BrownCourt of Appeals of Texas · 1983

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

3Cited by41 opinions

  1. Michele E. Shepherd and Larue Graves v. American Broadcasting Companies, Inc.Court of Appeals for the D.C. Circuit · 1995
  2. Grapevine Excavation v. Maryland LloydsTexas Supreme Court · 2001
  3. Lafarge Corp. v. Hartford Casualty InsuranceCourt of Appeals for the Fifth Circuit · 1995
  4. Servants of the Paraclete, Inc. v. Great American InsuranceDistrict Court, D. New Mexico · 1994
  5. Domtar, Inc. v. Niagara Fire Insurance Co.Supreme Court of Minnesota · 1997

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

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