LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff-Appellee,
v.
TRIANGLE INDUSTRIES, INCORPORATED, a/k/a ANC Holdings, Incorporated; Triangle PWC, Incorporated, Defendant & Third Party Plaintiffs-Appellants,
v.
NEW JERSEY PROPERTY-LIABILITY GUARANTY ASSOCIATION, on Behalf of IDEAL MUTUAL INSURANCE COMPANY, in liquidation, Zurich-American Insurance Companies, 91-1685 Zurich Insurance Company, Third Party Defendants-Appellees, and
Wausau Insurance Companies, Employers Insurance of Wausau, Third Party Defendants.
Westinghouse Electric Corporation, International Business Machines Corporation, Olin Corporation, American Fiber Manufacturers Association, American Petroleum Institute, Chemical Manufacturers Association, Insurance Environmental Litigation Association,
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued December 3, 1991.
Decided March 2, 1992.
As Amended March 10, 1992.
Attorney(s) appearing for the Case
Stephen M. Orlofsky, Blank, Rome, Comisky & McCauley, Cherry Hill, N.J., argued (Carlo Scaramella, on brief), for defendants and third party plaintiffs-appellants.
Lee Hadas Glickenhaus, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., Boston, Mass., argued, for third party defendants-appellees.
William F. Greaney, Covington & Burling, Washington, D.C., for amici curiae American Petroleum Institute and Chemical Mfrs. Ass'n; H. Woodruff Turner, Peter J. Kalis, David M. Aceto, Thomas M. Reiter, William J. Pohlman, Kirkpatrick & Lockhart, Pittsburgh, Pa., for Amici Curiae Westinghouse Elec. Corp., American Fiber Mfrs. Ass'n, Intern. Business Machines Corp., and Olin Corp., on the brief.
Thomas W. Brunner, Marilyn E. Kerst, Steven B. Long, Wiley, Rein & Fielding, Washington, D.C., for amicus curiae Ins. Environmental Litigation Ass'n.
Before ERVIN, Chief Judge, NIEMEYER, Circuit Judge, and SHEDD, United States District Judge for the District of South Carolina, sitting by designation.
United States Court of Appeals, Fourth Circuit.
OPINION
NIEMEYER, Circuit Judge:
The question of whether insurance provides coverage for pollution damage is currently an important one that has far-reaching financial implications.1 The answer determines who in the first instance bears the cost of pollution cleanup, although we recognize that it does not ultimately relieve the entire economy of the financial burden. In this case we conclude that certain insurance policies, interpreted...
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