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Rohm and Haas Co. v. Continental Casualty Co.

In case involving comprehensive general liability coverage for cleanup of environmental pollution of a manufacturing site formerly owned and operated by plaintiffs, reversal of judgment NOV in favor of plaintiffs affirmed because there was sufficient evidence to support jury's findings against plaintiffs.

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ARGUED: October 17, 2000

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

This is an appeal by allowance from the judgment of the superior court reversing the trial court’s grant of judgment notwithstanding the verdict (JNOV) in favor of appellants, Rohm & Haas. In this case involving comprehensive general liability coverage (CGL) *fn1 for the cleanup of serious environmental pollution of the soil, groundwater and surface water of a manufacturing site formerly owned and operated by appellants, appellants present three issues for this court’s review. The first issue is whether JNOV was properly entered with respect to the appellee insurance companies’ defense via the “known loss” doctrine, a matter of first impression before this court. The second is whether JNOV was properly granted with respect to appellees’ defense of fraud. The final issue is whether JNOV was properly granted with respect to appellees’ defense of late notice.

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