• Skip to main content
  • Home
  • Contact
  • About
  • Search
    • Search US
    • Search Global
  • Global Litigation
  • U.S. Litigation

Everest Premier Insurance Co. v. Gulf Oil LP

Filing Date: 2022
Case Categories:
  • Adaptation
    • Insurance cases
Principal Laws:
Contract Law
Description: Insurers' lawsuit seeking declarations that policies did not obligate the insurers to defend or indemnify Gulf Oil LP in a lawsuit alleging failure to prepare a bulk petroleum terminal in New Haven, Connecticut for climate change impacts.
  • Everest Premier Insurance Co. v. Gulf Oil LP
    Docket number(s): 2284CV01291
    Court/Admin Entity: Mass. Super. Ct.
    Case Documents:
    Filing Date Type File Action Taken Summary
    10/18/2022 Notice of Voluntary Dismissal Download Notice of voluntary dismissal filed. Insurance Companies Voluntarily Dismissed Their Lawsuit Concerning Coverage in Climate Adaptation Case. Two insurance companies filed a notice voluntarily dismissing without prejudice all claims in their lawsuit that sought declarations that they were not obligated to defend or indemnify Gul Oil Limited Partnership in a lawsuit brought by Conservation Law Foundation alleging that Gulf Oil had not adequately prepared its bulk petroleum terminal in New Haven, Connecticut for climate change impacts.
    06/09/2022 Complaint Download Complaint filed. Insurers Asked Massachusetts Court to Find that They Had No Obligation to Defend Climate Adaptation Suit. 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 lawsuit 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.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.