No Superfund Coverage In Penn Policy: 4th Circ.

Law360, New York (March 21, 2011, 3:02 PM EDT) -- The Fourth Circuit on Friday reversed a Maryland court's ruling that Penn America Insurance Co. had to provide a defense for Industrial Enterprises Inc. in a case over the Superfund cleanup of a former Baltimore County landfill.

In a 2-1 decision, the U.S. Court of Appeals for the Fourth Circuit held that the comprehensive general liability insurance policy Penn America issued to Industrial Enterprises, which covers property damage, does not cover Superfund liability.

The reversal of the lower court's ruling negates an award of about $350,000...
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