BAUSCH & LOMB INC. v. UTICA MUTUAL

No. 40, Sept. Term, 1997.

735 A.2d 1081 (1999)

355 Md. 566

BAUSCH & LOMB INCORPORATED v. UTICA MUTUAL INSURANCE COMPANY.

Court of Appeals of Maryland.

August 26, 1999.


Attorney(s) appearing for the Case

Rhonda D. Orin, (Jordan S. Stanzler, Lorelie S. Masters, Michael P. Allen, Anderson Kill & Olick, L.L.P., on brief), Washington, DC: Paul Walter, Baltimore, (on brief), for petitioner.

John B. Wyss, (Wiley, Rein & Fielding, on brief), Washington, DC: M. King Hill, III, Venable, Baetjer & Howard, on brief, Towson, for respondent.

E. Charles Dann, Jr., Goodell, Devries, Leech & Gray, L.L.P., Baltimore, for Amicus Curiae Insurance Environmental Litigation Association.

Argued before BELL, C.J., ELDRIDGE, RODOWSKY, CHASANOW, RAKER and WILNER and ROBERT L. KARWACKI (Retired, specially assigned), JJ.


ELDRIDGE, Judge.

We issued a writ of certiorari in this case, involving comprehensive general liability (CGL) policies, to consider the scope of an endorsement which was substituted in place of an exclusion for the insured's own property.

Utica Mutual, the insurer, sold standard form CGL policies annually to Bausch & Lomb from at least 1970 to 1986. The standard language in these policies provided as follows...

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