THE PERSONAL INJURY ENDORSEMENT: AN UNWARRANTED STRAINING TO OBTAIN INSURANCE COVERAGE FOR ENVIRONMENTAL DAMAGE

Richard L. Bradford

This Article addresses whether hazardous waste claims fall within the personal injury endorsement contained in many insurance policies. First, the Article offers an overview of the potential scope of liability. This section outlines the various ways that a landowner may be responsible for the damages and costs of environmental contamination and the difficulties facing such parties in attempting to receive coverage from their insurance companies. Particularly, this section addresses the pollution exclusion clause. Next, the Article focuses on the policyholders' arguments supporting the personal injury endorsement as a method of recovery for environmental claims. Then the Article presents Gould Inc. v. Arkwright Mutual Insurance Co., as an illustration of an erroneous approach to the personal injury endorsement. Finally, the Article criticizes Gould and the policyholders' assertion, arguing that the personal injury endorsement was not intended to deal with environmental problems and that these claims should be barred by the pollution exclusion clause.

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