STRINGFELLOW CASE FINDINGS
Posted On: Jan. 28, 2007 12:00 AM CSTKey points of a California appellate court ruling concerning hazardous waste insurance coverage
Policyholders do not lose any coverage for a partially insured loss when they cannot show the portion of the loss that is attributable to a covered risk.
The "relevant discharge" in determining a covered environmental contamination incident is when pollutants leak into the environment--not when they are deposited at a waste site.
Groundwater contamination is not an excluded loss under the commercial general liability policy's watercourse exclusion, because watercourses--unlike groundwater--have defined boundaries.