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Home / Opinions / Courts / Court of Appeals, Eastern District / Insurance: CGL Policy – Successor Liability – Occurrence-Based Coverage

Insurance: CGL Policy – Successor Liability – Occurrence-Based Coverage

Where a trial court granted summary judgment to eight insurers, which issued occurrence-based commercial general liability policies between 1959 and 1986 for injuries or property damage occurring during the policy periods, finding that a holding company and subsidiary of The Doe Run Resources Corporation did not qualify as insureds in connection with lawsuits seeking damages for personal injury and property damage allegedly from lead mining pollution, the trial court’s judgment is reversed because under the language of the policies the appellants were entitled to a defense and possibly coverage for occurrences for which they are found to have liability as an affiliate, subsidiary and stockholder of Doe Run for the respective policy periods.

Judgment is reversed and remanded.

The Renco Group, Inc. v. Certain Underwriters at Lloyd’s London (MLW No. 63444/Case No. ED96801 – 14 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.) Appealed from circuit court, St. Louis County, Cohen, J. (Dennis E. O’Connell and Elizabeth C. Carver for appellant) (Gerald P. Greiman, Erik O. Solverud, Anne M. Lindner, Robyn G. Fox, Joseph Hinkhouse, Richard McDermott, Kurtis B. Reeg, Thomas K. Hanekamp, Devin C. Maddox, John F. Cooney, Guy A. Cellucci, Shane R. Heskin, Adam Bernardi, Theodore J. MacDonald, Michael L. Young, Jessica L. Hawkins, Joshua D. Weinberg, Michele Backus, Ann E. Buckley, Daniel Gourash and Robert Anderle for respondents).

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