Everest Premier Insurance Co. v. Gulf Oil LP

Two insurance companies filed a lawsuit in Massachusetts Superior Court seeking declarations that primary and excess policies they issued did not obligate them to defend or indemnify Gulf Oil Limited Partnership in a <a href="https://climatecasechart.com/case/conservation-law-foundation-v-gulf-oil-lp/">lawsuit</a> brought by Conservation Law Foundation (CLF) alleging that Gulf Oil had not adequately prepared its bulk petroleum terminal in New Haven, Connecticut for climate change impacts. The insurers alleged that the CLF lawsuit did not allege “bodily injury” or existing “property damage” caused by an “occurrence” that first manifested during the policy period of the primary policies. They alleged that the CLF suit instead alleged “a risk of potential property damage from ongoing and future weather events related to global warming and climate-change.” The insurers asserted that even if the CLF lawsuit could be read to allege property damage, coverage would be precluded on other bases, including the policies’ pollution exclusion and other exclusions. In addition, the insurers alleged that Gulf Oil breached conditions set forth in the policies and was therefore not entitled to coverage.