Dumping not an accident

The New Hampshire Supreme Court, in Energynorth Natural Gas Inc v Continental Insurance Co, held that the dumping of tar and other hazardous waste on site was neither an ‘accident’ nor an ‘occurrence’. The dumping was ‘so inherently injurious that it cannot be performed without a certainty that some injury will result’. Cleanup costs will fall to the company, not the provider of CGL insurance policies between 1965 and 1985.