United States Fifth Circuit

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RSR Corp. v. Int'l. Ins. Co., 09-10405

In an action seeking a declaratory judgment that plaintiff had no obligations to defendant under four Environmental Impairment Liability policies that plaintiff's predecessor in interest had sold to defendant earlier, summary judgment for plaintiff is affirmed where: 1) by its plain language, the triggering of a condition in the policies requires only (a) the existence of "other insurance" insuring to defendant's benefit and (b) overlapping coverage between that other insurance and plaintiff's policies; 2) the policies had nothing to do with whether or not the pollution in question could be characterized as "routine"; and 3) the district court did not err in finding that a condition in the policies barred all recovery.

Appellate Information

  • Decided 07/26/2010
  • Published 07/27/2010


  • William L. Garwood


  • United States Fifth Circuit