MILLIPORE CORP. v. TRAVELERS INDEM. CO.

Nos. 96-1788 to 96-1794, 96-1842.

115 F.3d 21 (1997)

MILLIPORE CORPORATION, Plaintiff, Appellant, v. The TRAVELERS INDEMNITY COMPANY, Hartford Accident and Indemnity Company, and Insurance Company of North America, Defendants, Appellees. The TRAVELERS INDEMNITY COMPANY and Insurance Company of North America, Defendants, Appellants, v. MILLIPORE CORPORATION, Plaintiff, Appellee.

United States Court of Appeals, First Circuit.

Decided May 30, 1997.


Attorney(s) appearing for the Case

David A. Guberman, with whom Robert J. Muldoon, Jr., Nereyda Garcia and Sherin & Lodgen LLP were on brief, for plaintiff-appellant and cross-appellee Millipore Corporation.

Paul Koepff, with whom Rosemary Boller, James Arbogast, O'Melveny & Myers LLP, David Chaffin and Hare & Chaffin were on brief, for defendant-appellee and cross-appellant Century Indemnity Company, f.k.a. Insurance Company of North America.

James L. Ackerman, with whom Maura D. Sullivan and Day, Berry & Howard were on brief, for defendant-appellee and cross-appellant The Travelers Indemnity Company.

John P. Ryan, Robert G. Eaton and Sloane & Walsh were on brief, for defendant-appellee Hartford Accident and Indemnity Company.

Before BOUDIN, Circuit Judge, BOWNES, Senior Circuit Judge, and LYNCH, Circuit Judge.


LYNCH, Circuit Judge.

The substantial costs of remediating environmental damage under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., and other environmental laws have pitted businesses against their insurers in fierce disputes over who will bear these costs. That is the case here.

Underlying this lawsuit is the cleanup of five hazardous waste sites, three in Massachusetts and...

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