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CLAUSSEN v. AETNA CAS. & SUR. CO.

No. 87-8972.

888 F.2d 747 (1989)

Henry H. CLAUSSEN, Plaintiff-Appellant, v. The AETNA CASUALTY & SURETY COMPANY, and Federal Insurance Company, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 29, 1989.

Attorney(s) appearing for the Case

David E. Hudson, Augusta, Ga., for plaintiff-appellant.

James A. Eichelberger, Linda B. Foster, Neely & Player, Atlanta, Ga., for defendants-appellees.

Thomas W. Tucker, Dye, Miller, Tucker & Everitt, P.A., Augusta, Ga., for Federal Ins. Co.

Laura Anne Foggan, Kirk J. Nahra, Thomas W. Brunner, Wiley, Rein & Fielding, Washington, D.C., amicus curiae.

William F. Greaney, Covington & Burling, Washington, D.C., amicus curiae.

Before RONEY, Chief Judge, HATCHETT, Circuit Judge, HENDERSON, Senior Circuit Judge.

PER CURIAM:

This suit sought a declaratory judgment that Aetna Casualty & Surety Company and Federal Insurance Company were obligated to provide Henry H. Claussen with a defense and coverage under Comprehensive General Liability (CGL) policies of insurance for the costs incurred and to be incurred in connection with the Environmental Protection Agency's (EPA) demand that Claussen and others conduct an investigation and prepare and implement a plan for eliminating...

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