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Riehl v. Travelers Insurance Co.

August 12, 1985

RALPH R. RIEHL, JR. APPELLEE
v.
TRAVELERS INSURANCE CO., APPELLANT



On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. No. 83-85) (Sat Below: Honorable Glenn E. Mencer)

Author: Garth

BEFORE: WEIS, GARTH, and STAPLETON, Circuit Judges

Opinion OF THE COURT

GARTH, Circuit Judge:

Ralph Riehl, Jr., sought a declaration that certain insurance policies issued by the Travelers Insurance Company covered the expenses of cleaning up a toxic waste dump site located on his property. The site has been found to be releasing toxic pollutants into neighboring surface and ground waters. The district court granted summary judgment in favor of Riehl, declaring Travelers to be obligated to pay the costs of clean-up of the site "attributable to the applicable coverage period. "Because material issues of fact are in dispute, we reverse the order of the district court and remand for trial.

I.

A.

Riehl bases his claims on Comprehensive General Liability and supplementary "umbrella" policies issued by Travelers for three periods.*fn1 Each primary policy obligated Travelers to

play on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of

Coverage A -- bodily injury or

Coverage B -- property damage

to which this insurance applies, caused by an occurrence, and the Company shall have the right and duty to defend any suit against the Insured seeking damages on account of such bodily injury or property damage.

Appendix at 74.*fn2

Each primary policy, like the umbrella policy, see, supra at note 2, defines ...


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