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Citations provided are, therefore, predominantly to those cases from other jurisdictions that present the most thorough and persuasive treatment of the issues.These issues, however, are questions of state law, and therefore can be definitively answered only by Arizona courts.§ 4.5.3 Accident or Occurrence.With the exception of the third issue, which applies only to government-initiated directives or litigation, all of these issues commonly arise when coverage is sought for either statutory claims (, Superfund cleanups) or so-called toxic tort claims.Arizona's appellate courts have not addressed any of these issues in the context of environmental claims.
INSURANCE COVERAGE FOR ENVIRONMENTAL CLAIMS UNDER COMPREHENSIVE GENERAL LIABILITY POLICIESSHANE R. Christopher Graver Dalton Gotto Samson & Kilgard, P. These policies, commonly referred to as comprehensive general liability, or CGL, policies, generally were written some time before the mid-1980s.The cream product I use to cure it works very well, but its active ingredient appears to be urea.How does this react with my skin to cure the problem?Reasoning that "caused by accident" is an ambiguous phrase, courts ask whether the insured intended to cause harm, not whether the insured intended to act. In distinguishing between intended and unintended results, actual intent is rarely required.Instead, courts focus on the amount and types of information available to the insured to distinguish between "highly expectable losses and those less expectable." R.