CDM Investors et al. v. Travelers Casualty and Surety Co. et al
Standard form CGL policy that included absolute pollution exclusion did not provide coverage for response costs incurred pursuant to an administrative order that charged insureds with being suspected dischargers of pollutants causing damage to soil and groundwater. Phrase "ultimate net loss," used in reference to what amount the insurer will pay after the insurer becomes obligated to pay rather than as a trigger of the insurer's obligation to pay, does not broaden coverage beyond damages as defined elsewhere in policy. Insurer has no duty to defend affirmative defenses raised by parties sued by insured.
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