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Remedies Keyed to Tabb, 8th
Continental Insurance Cos. v. Northeastern Pharmaceutical & Chemical Co., Inc.
Citation:
842 F.2d 977 (1988)Facts
From 1970 to 1972, NEPACCO manufactured hexachlorophene at a factory in Verona, Missouri, producing hazardous wastes including highly toxic dioxin. In July 1971, NEPACCO disposed of approximately eighty-five 55-gallon drums of hazardous wastes by burying them in a trench at the Denney farm site; many drums were deteriorated and broke open during disposal, causing a strong chemical odor that persisted for months. In 1971-1972, NEPACCO hired Independent Petrochemical Corp., which hired Russell Bliss to dispose of additional hazardous wastes by mixing them with waste oil and spraying them as dust suppressant at Bubbling Springs Stables and Times Beach. Continental insured NEPACCO under three CGL policies from August 1970 to November 1972. In 1980, the EPA investigated the Denney farm site, found alarming dioxin concentrations, secured and cleaned up the site, then sued NEPACCO for cleanup costs under CERCLA and RCRA. Continental sought declaratory judgment that it had no obligation to cover these cleanup costs under its CGL policies.
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