Top Court Ruling Seen As Insurance Neutral

Insurance coverage experts see no overall impact on insurerliabilities from a December 2004 U.S. Supreme Court ruling.

The ruling in Cooper Industries Inc. vs. Aviall ServiceInc. essentially said a polluter cant bring contributionactions under the Comprehensive Environmental Response,Compensation and Liability Act against other potentiallyresponsible parties to recover cleanup costs if the polluter did avoluntary cleanupin other words, if the polluter itself was notfirst subject to a CERCLA suit or administrative or judiciallyapproved settlement.

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