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INDUSTRIAL ENTERPRISES, INC. v. PENN AMERICA INS.

Nos. 09-2346, 09-2397.

637 F.3d 481 (2011)

INDUSTRIAL ENTERPRISES, INCORPORATED, a Maryland Corporation, Plaintiff-Appellee, v. PENN AMERICA INSURANCE COMPANY, a Pennsylvania Corporation, Defendant-Appellant. Complex Insurance Claims Litigation Association, Amicus Supporting Appellant. Industrial Enterprises, Incorporated, a Maryland Corporation, Plaintiff-Appellant, v. Penn America Insurance Company, a Pennsylvania Corporation, Defendant-Appellee. Complex Insurance Claims Litigation Association, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 18, 2011.

Attorney(s) appearing for the Case

ARGUED: Thomas S. Schaufelberger , Saul Ewing, LLP, Washington, D.C., for Penn America Insurance Company. John William Schryber , Dickstein Shapiro, LLP, Washington, D.C., for Industrial Enterprises, Incorporated. ON BRIEF: Paul A. Fitzsimmons , Saul Ewing, LLP, Washington, D.C., for Penn America Insurance Company. Russell V. Randle , Kristen M. Jarvis Johnson , Patton Boggs LLP, Washington, D.C., for Industrial Enterprises, Incorporated. Laura A. Foggan , Gregory J. Langlois, Wiley Rein LLP, Washington, D.C., for Complex Insurance Claims Litigation Association, Amicus Curiae.

Reversed and remanded with instructions by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge DUNCAN joined. Judge KING wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

In this appeal, we decide whether a standard comprehensive general liability insurance policy ("CGL policy"), which indemnifies the insured for "all sums which the insured shall become legally obligated to pay as damages because of . . . property damage," covers the insured's liability under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") for costs to remediate the presence of hazardous...

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