§Why CasetextPricing

Xl Insurance America, Inc. et al v. Craig R. Jalbert et al

NOTICE OF MOTION AND MOTION for Summary Judgment as to coverage for the bodily injury and property damage claims alleged

12 Cited authorities

  1. MacKinnon v. Truck Ins. Exchange

    31 Cal.4th 635 (Cal. 2003)   Cited 489 times   9 Legal Analyses
    Holding that where contractual terms are unambiguous, California law requires that the mutual intention of the parties is to be "inferred, if possible, solely from the written provisions of the contract"

  2. Palmer v. Truck Ins. Exchange

    21 Cal.4th 1109 (Cal. 1999)   Cited 260 times   1 Legal Analyses
    In Palmer v. Truck Ins. Exch., 21 Cal. 4th 1109, 90 Cal.Rptr.2d 647, 988 P.2d 568 (1999), the California Supreme Court also held that a trademarked name was not a slogan.

  3. Aydin Corp. v. First State Ins. Co.

    18 Cal.4th 1183 (Cal. 1998)   Cited 176 times
    Explaining that once the insured establishes that the occurrence forming the basis of its claim is within the scope of its coverage, the burden is on the insurer to prove the claim is specifically excluded

  4. Cold Creek Compost, Inc. v. State Farm Fire & Casualty Co.

    156 Cal.App.4th 1469 (Cal. Ct. App. 2007)   Cited 34 times
    Holding that ordinary dust can qualify as pollutant under certain circumstances where the dust is widely enough dispersed

  5. Park-Ohio Industries, v. Home Indem, Co.

    975 F.2d 1215 (6th Cir. 1992)   Cited 43 times
    Applying Ohio law

  6. Hydro Systems, Inc. v. Continental Ins. Co.

    929 F.2d 472 (9th Cir. 1991)   Cited 28 times
    Holding that gas liberated by the insured's manufacturing process was not the insured's "product" because it did not fit the "common sense" definition of products as "goods or services which the insured deals in as his stock or trade; stating that the term "disposed of" in the policy's definition of "your product" did not "detract from the generally understood meaning of the term 'product'"

  7. Allen v. Scottsdale Insurance Company

    CV NO 03-00233 DAE-KSC (D. Haw. Mar. 2, 2004)   Cited 10 times
    In Allen v. Scottsdale Insurance Company, 307 F.Supp.2d 1170 (D.Haw.2004), Judge David Alan Ezra similarly applied a pollution exclusion to exclude coverage under an insurance policy.

  8. American Casualty Co. v. Miller

    159 Cal.App.4th 501 (Cal. Ct. App. 2008)   Cited 6 times

    No. B192216. January 29, 2008. Appeal from the Superior Court of Los Angeles County, No. BC334547, Jon Michael Mayeda, Judge. Law Offices of Federico C. Sayre, Federico C. Sayre, Ronald Z. Gomez; Law Offices of Douglas Caiafa and Douglas Caiafa for Defendants and Appellants. Colliau Elenius Murphy Carluccio Keener Morrow, Michael T. Colliau, Cynthia L. Keener and Julie S. James for Plaintiff and Respondent. OPINION KITCHING, J. INTRODUCTION A worker in a public sewer system was seriously injured

  9. CPS Chemical Co. v. Continental Insurance

    199 N.J. Super. 558 (Law Div. 1984)   Cited 29 times
    Holding that "industrial wastes" were not products under a products hazard exception because they were "not intended for consumption, sale, or use by other . . ."

  10. Lewis v. Hartford Casualty Insurance Company

    No. C 05-2969 MHP (N.D. Cal. Jan. 31, 2006)   Cited 2 times

    No. C 05-2969 MHP. January 31, 2006 MEMORANDUM ORDER RE: DEFENDANT'S MOTION TO DISMISS MARILYN PATEL, District Judge Plaintiff Teiko Lewis filed a complaint and request for declaratory relief in this court, alleging generally that defendant Hartford Casualty Insurance Company ("Hartford") owes plaintiff a duty to defend and indemnify in connection with an administrative claim against plaintiff by the County of San Mateo. Now before the court is defendant's motion to dismiss pursuant to Federal Rule

  11. Section 6928 - Federal enforcement

    42 U.S.C. § 6928   Cited 343 times   12 Legal Analyses
    Authorizing civil actions by the EPA Administrator

  12. Section 66260.1 - Purpose, Scope, and Applicability

    Cal. Code Regs. tit. 22 § 66260.1

    (a) This chapter provides definitions of terms, general standards, and overview information applicable to this division. (b) In this chapter: (1) Section 66260.2 sets forth the rules that the Department will use in making information it receives available to the public and sets forth the requirements that generators, transporters, or owners or operators of treatment, storage, or disposal facilities must follow to assert claims of business confidentiality with respect to information that is submitted