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Continental Insurance Cos. v. Northeastern Pharmaceutical & Chemical Co., Inc.

United States Court of Appeals for the Eighth Circuit

842 F.2d 977 (1988)

Relevant factsFree

Northeastern Pharmaceutical (defendant) contaminated a nearby farm, and the EPA sued it under CERCLA to recover government cleanup costs; Northeastern's insurer, Continental (plaintiff), had a policy promising to pay sums Northeastern became legally obligated to pay "as damages," and Continental sought a declaratory judgment that it was not liable for the CERCLA reimbursement obligation. The district court granted Continental summary judgment.

IssueFree

Whether the term "damages" in the context of insurance refers to equitable monetary relief.

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