DIAMOND SHAMROCK CHEMICALS COMPANY V THE AETNA CASUALTY & SURETY COMPANY THE LONDON MARKET INSURERS 1 AND OTHERS 2

(1992) 1 Re LR 293

United States New Jersey Superior Court Appellate Division

Before Judge Antell, Judge Long and Judge Baime

Environmental pollution - United States - Comprehensive general liability policies - Applicability of standard form “accident-based” and “occurrencebased” language - Claims for environmental pollution (release of dioxins and other hazardous chemicals) - Remediation costs, property damage and bodily injury claims by residents of surrounding neighborhoods - Liability of primary and excess carriers.

Product liability - United States -Comprehensive general liability policies - Applicability of “occurrence based” language and war risk exclusion - Claims arising out of injuries sustained by military person nel exposed to Agent Orange while in Vietnam - Settlement of class action - Liability of primary and excess carriers.