(Download) "Lyons v. City of Aurora" by Colorado Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Lyons v. City of Aurora
- Author : Colorado Court of Appeals
- Release Date : January 01, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
In this case, the supreme court reviews insurance companies duties to defend and indemnify their insureds under various policy provisions. First, the supreme court evaluates the application of qualified pollution exclusion clauses to wastes placed in unlined ponds. The supreme court determines that the clauses do not necessarily exclude insurance coverage if the insured expected seepage. Instead, the supreme court concludes that the relevant inquiry to determine if the clauses preclude coverage is whether the insured placed wastes in an unlined disposal area with the expectation that contaminants would be fully contained through filtration. The supreme court holds that coverage exists in this case if the insured did not expect and intend contaminants to migrate either off its property or into the groundwater.