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CHEMICAL LEAMAN TANK LINES, INC. v. AETNA CAS. & S

March 10, 1993

CHEMICAL LEAMAN TANK LINES, INC., Plaintiff,
v.
AETNA CASUALTY AND SURETY CO., ROBIN ANTHONY GILDART JACKSON, an Underwriter at Lloyds, London, et al., Defendants.


Brotman


The opinion of the court was delivered by: STANLEY S. BROTMAN

ORDER

This matter having come before the court on the cross-motions of the parties for summary judgment, as well on the various motions of the parties for leave to file briefs in excess of the established page limits;

 The court having heard oral argument on the parties' cross-motions for summary judgment on November 23, 1992 and having carefully considered the submissions of the parties; and

 For the reasons stated in the court's opinion of this date;

 IT IS on this 10th day of March 1993 hereby

 ORDERED that the motion of plaintiff Chemical Leaman Tank Lines, Inc. ("Chemical Leaman"), for summary judgment is GRANTED in part and DENIED in part, in that:

 (a) There remain genuine issues of material fact on whether Chemical Leaman expected or intended to cause soil and ground water damage; and

 (b) There remain genuine issues of material fact on whether the continuous trigger theory is applicable to the present case; and

 (c) Chemical Leaman may not recover for soil contamination on any of defendants' policies that contain a pollution exclusion; and

 (d) There remain genuine issues of material fact on whether Chemical Leaman may recover for groundwater contamination on any of defendants' policies that contain a pollution exclusion; and

 (e) Chemical Leaman is not barred from coverage under defendants' policies by the policies' notice clauses; and

 (f) Chemical Leaman is not barred from coverage under defendants' policies by the defense of laches; and

 (g) Chemical Leaman is not barred from coverage under defendants' policies by the policies' ...


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