ARMOTEK INDUSTRIES v. EMPLOYERS INS. OF WAUSAU

Nos. 90-5969, 90-6001.

952 F.2d 756 (1991)

ARMOTEK INDUSTRIES, INC., Appellant/Cross Appellee in 90-5969, v. EMPLOYERS INSURANCE OF WAUSAU, Appellee/Cross Appellant in 90-6001.

United States Court of Appeals, Third Circuit.

Decided December 31, 1991.


Attorney(s) appearing for the Case

John P. O'Dea (argued), Craig R. Blackman, Stradley, Ronon, Stevens & Young, Philadelphia, Pa., Thomas P. Farnoly, Gruccio, Pepper, Giovinazzi & DeSanto, Vineland, N.J., for appellant.

Janet L.R. Menna (argued), William Gerald McElroy, Jr., Zelle & Larson, Waltham, Mass., for appellee.

Peter J. Kalis, Kirkpatrick & Lockhart, Pittsburgh, Pa., for Westinghouse Elec. amicus-appellant.

Dona S. Kahn, Anderson, Kill, Olick & Oshinsky, Philadelphia, Pa., for Com. of Pennsylvania amicus-appellant.

Thomas W. Brunner, Wiley, Rein, Fielding, Washington, D.C., for Insurance Environmental Litigation Ass'n.

Before MANSMANN and ALITO, Circuit Judges, DIAMOND, District Court.


OPINION OF THE COURT

ALITO, Circuit Judge:

An insured sued to recover under general liability insurance policies for costs related to a state-mandated cleanup of toxic waste at an industrial site. The district court granted summary judgment for the insurer, holding that Pennsylvania rather than New Jersey law should be applied, and that under the policies the insured's claims were not covered because, as defined

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