BOEING COMPANY V. AETNA CASUALTY AND SURETY COMPANY
784 P.2d 507 (1990)
NATURE OF THE CASE: This was a dispute over the extent of insurance policy liability for
CERLA clean ups.
FACTS: The Western Processing hazardous waste facility was designated by the EPA to
require cleanup. A complaint under CERCLA was filed. The EPA notified the appellants, the
policyholders, that they were generators of waste at the site and were responsible parties
for the response costs at this site. The Court then eventually entered a consent decree
between EPA and the policyholders for the cleanup of the waste contamination at the site.
Response costs were those costs to remove the hazardous substances and other costs for
remedial work. During the time that the policyholders generated their waste, they carried
Comprehensive General Liability insurance purchased from respondents, insurers. The
operative provisions of the policies in question provided that the insurer will pay all sums
which the insured shall become obligated to pay as damages because of bodily injury or
property damage to which the policy applies. The policies did not specifically define
damages. Boeing (P) sued Aetna (D) for indemnification for the response costs they incurred
at the Western Processing site. Motions for summary judgment were filed and the issue of
whether the response costs constitute damages within the policies was certified to the
Washington Supreme Court.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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