 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Emerson Electric Co. v. Aetna Casualty and Surety Co.8/30/2004
oved for partial summary judgment on the issue of coverage under the 1983-84 policy with respect to the liabilities for the Pennsylvania and South Carolina third-party sites. In response, Republic cross-moved for summary judgment on the basis of several defenses, one of which being that plaintiffs either expected or intended the damage at the two third-party sites. The essential facts concerning each third-party site are as follows.
1. The Erie, Pennsylvania, Waste Disposal Site
From 1973 to 1981, Urick Foundry (Urick), a division of Emerson's Ridge Tool Company (Ridge Tool) located in Erie, Pennsylvania, hired a licensed local hauler, Sitter Trucking Company (Sitter), to dispose of Urick's foundry sand and other non-hazardous wastes at an off-site location to be selected by Sitter. Plaintiffs offered evidence that Urick expected and intended that Sitter would dispose of the wastes at a proper disposal facility and did not expect or intend the wastes to be discharged from a disposal facility or to cause damage to the environment.
However, Sitter commingled Urick's foundry sand along with other companies' wastes and improperly disposed of the wastes at the Erie, Pennsylvania, site, an unlicensed landfill owned in part by Sitter. Plaintiffs offered evidence that Sitter's actions were unknown to Urick and contrary to its expectation and intention, that Sitter did not inform Urick that it was hauling Urick's foundry sand to the site, and that none of the shipping records indicate where Sitter was hauling the sand.
The landfill in question, known as the Millcreek Landfill, was operated from 1941 until it was closed by the State of Pennsylvania in 1981, subsequent to the state's discovery that it was being illegally operated. In 1982, pursuant to its Superfund authority, the United States Environmental Protection Agency (the EPA) conducted an investigation of soil, sediment, groundwater and surface water contamination at the site. The tests confirmed soil and groundwater contamination.
At or about the same time, a neighboring landowner, Ralph Riehl, filed a lawsuit against plaintiffs and other potentially responsible parties. In 1983, the Millcreek Landfill was proposed to the EPA's National Priorities List. On September 16, 1983, Urick received a notice of potential liability (PRP letter) from the EPA. On September 30, 1983, the law firm of MacDonald, Illig, Jones & Britton responded to the EPA's PRP letter by acknowledging that the firm represented Urick in conjunction with the Millcreek site. On October 2, 1983, the law firm, acting on behalf of Urick and other potentially responsible parties, participated in a conference with the EPA regarding the investigation and cleanup at the Millcreek Landfill.
In June of 1992, the EPA sued Urick pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) (42 U.S.C. ยง9601 et seq. (1988)), seeking recovery of costs expended to investigate and remediate the site. Subsequently, in 1993, the Pennsylvania Department of Environmental Resources (PADER) also sued Urick concerning the contamination at the site. Urick settled those suits in 1996.
2. The South Carolina Waste Disposal Site
The facts relating to the Dixiana, South Carolina, site are similar to those relating to the Erie, Pennsylvania, site. On approximately 10 occasions between April of 1978 and March of 1980, South Carolina Recycling and Disposal, Inc. (SCRDI), a licensed hauler, removed chemical wastes from Emerson's former manufacturing facility, Therm-O-Disc Incorporated (Therm-O-Disc), in Aiken, South Carolina. Plaintiffs offered evidence that Therm-O-Disc expected SCRDI t
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Illinois Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|