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Waste Management, Inc. v. AIG Specialty Insurance Co.

Court: SD Tx  03/28/2019  District Court Grants Insurer's Motion for Summary Judgment on Duty to Defend arising from Criminal Indictment following Pollution Event

The court found that the insurer did not have a duty to defend individual insureds, who were criminally indicted for their role in a pollution event in Oahu, reasoning that no "claim" was asserted within the "eight corners" rule and no "reality" test existed.

pollution legal liability insurance policy, pollution event, criminal proceedings, duty to defend, "criminal fines" exclusion, "intentional noncompliance" exclusion, "claim", "eight corners" rule, "reality" test

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