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RSR Corp. v. International Insurance Co.

Appellant argues that the district court erred by granting summary judgment to the insurance company because, as a matter of law, the "other insurance" clause in the insurance policy cannot properly be read to bar recovery based on the settlements with additional insurers, and because the common law "one satisfaction" rule is inapplicable outside of tort cases in Texas. The 5th U.S. Circuit Court of Appeals affirmed the take-nothing judgment. 5th U.S. Circuit Court of Appeals, No. 09-10405, 07-28-2010

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Published opinion

Before GARWOOD, SMITH, and CLEMENT, Circuit Judges.

From 1972 until 1983, Quemetco, Inc. (Quemetco), a subsidiary of RSR Corporation, operated a lead smelter on Harbor Island, near Seattle, Washington. During that time, Harbor Island suffered substantial environmental damage. In December 1982, the Environmental Protection Agency (EPA) announced that it planned to place Harbor Island on its National Priorities List (NPL).*fn1 In 1986, the EPA determined that Quemetco was a potentially responsible party for the pollution. On May 22, 2000, the EPA filed an action under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) seeking recovery from RSR Corporation for the costs it had expended in cleaning up Harbor Island, as well as for expected future costs.

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