Cooper Development Co. v. Employers Insurance of Wausau

ORDER

I.Introduction

Plaintiff Cooper Development Company (“Cooper”) moves for partial summary judgment on the “trigger of coverage” for liability insurance policies covering environmental property damage, and on the issue of whether costs incurred in complying with government-compelled environmental cleanup obligations are “damages” within the meaning of defendants’ insurance policies. Also, defendant and counterclaimant Employers Insurance of Wausau (“Wau-sau”) moves for leave to file an amended answer adding a counterclaim and additional parties. The court addresses all three motions in this order.

II. Background

Wausau has insured Cooper under several comprehensive general liability policies since at least 1983. Transcontinental insured Cooper under an excess commercial umbrella liability policy from July 1, 1982 to June 27, 1985. Cooper acquired a manufacturing facility in Freehold, New Jersey in 1983. Manufacturing operations to produce medical diagnostic products there used various solvents, including trichloroethylene (“TCE”), from approximately 1968 to 1987. The sale of Cooper’s Freehold facility in 1986 subjected it to certain requirements under New Jersey’s…