context: Subsequent to the decision in Keene Corp., many jurisdictions have applied the continuous trigger theory in both asbestos and environmental contamination cases.
citation_a.signal: see also
citation_a.identifier: 22 Tort & Ins. L.J. 632, 632-33
citation_a.parenthetical: "Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a 'single point in time' test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach."
citation_a.sentence: See Zurich Ins. Co. v. Raymark, 118 Ill.2d 23, 112 Ill.Dec. 684, 514 N.E.2d 150 (Ill.1987) (applying continuous trigger theory to personal injury asbestos claims); Fireman’s Fund Ins. Co. v. Ex-Cell-O Corp., 662 F.Supp. 71, 76 (E.D.Mich.1987)(reeognizing similarity between asbestos claims and hazardous waste claims and holding that continuous trigger theory implicates “each exposure of the environment to a pollutant”); New Castle County v. Continental Cas. Co., 725 F.Supp. 800, 812 (D.Del.1989), rev’d in part and ajfd. in part, 970 F.2d 1267 (3d Cir.l992)(concluding in leachate pollution case that “the entire injurious process may constitute ‘injury’ under the terms of the policies”); Harleysville Mutual Ins. Co., Inc. v. Sussex County, 831 F.Supp. 1111, 1124 (D.Del.1993)(finding “slow leaching of pollutants from a landfill to adjacent property” constitutes a progressive injury requiring use of continuous trigger theory); Northern States Power Co. v. Fidelity and Cas. Co. of New York, 523 N.W.2d 657, 664 (Minn.l994)(holding groundwater contamination is “continuous process in which the property damage is evenly distributed over the period of time from the first contamination to the end of the last triggered policy”); United States Gypsum Co. v. Admiral Ins. Co., 268 Ill.App.3d 598, 205 Ill.Dec. 619, 643 N.E.2d 1226, 1257 (Ill.App.Ct.1994)(applying continuous trigger theory to asbestos-related property damage claims); GenCorp, Inc. v. AIU Ins. Co., 104 F.Supp.2d 740, 749 (N.D.Ohio 2000)(holding that continuous trigger will be applicable when environmental contamination claimant is able to show that damage, like asbestosis, occurred on continuing basis); See also Howard, supra, 22 Tort & Ins. L.J. at 632-33 (“Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a ‘single point in time’ test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.”).
citation_b.signal: see
citation_b.parenthetical: concluding in leachate pollution case that "the entire injurious process may constitute 'injury' under the terms of the policies"
citation_b.sentence: See Zurich Ins. Co. v. Raymark, 118 Ill.2d 23, 112 Ill.Dec. 684, 514 N.E.2d 150 (Ill.1987) (applying continuous trigger theory to personal injury asbestos claims); Fireman’s Fund Ins. Co. v. Ex-Cell-O Corp., 662 F.Supp. 71, 76 (E.D.Mich.1987)(reeognizing similarity between asbestos claims and hazardous waste claims and holding that continuous trigger theory implicates “each exposure of the environment to a pollutant”); New Castle County v. Continental Cas. Co., 725 F.Supp. 800, 812 (D.Del.1989), rev’d in part and ajfd. in part, 970 F.2d 1267 (3d Cir.l992)(concluding in leachate pollution case that “the entire injurious process may constitute ‘injury’ under the terms of the policies”); Harleysville Mutual Ins. Co., Inc. v. Sussex County, 831 F.Supp. 1111, 1124 (D.Del.1993)(finding “slow leaching of pollutants from a landfill to adjacent property” constitutes a progressive injury requiring use of continuous trigger theory); Northern States Power Co. v. Fidelity and Cas. Co. of New York, 523 N.W.2d 657, 664 (Minn.l994)(holding groundwater contamination is “continuous process in which the property damage is evenly distributed over the period of time from the first contamination to the end of the last triggered policy”); United States Gypsum Co. v. Admiral Ins. Co., 268 Ill.App.3d 598, 205 Ill.Dec. 619, 643 N.E.2d 1226, 1257 (Ill.App.Ct.1994)(applying continuous trigger theory to asbestos-related property damage claims); GenCorp, Inc. v. AIU Ins. Co., 104 F.Supp.2d 740, 749 (N.D.Ohio 2000)(holding that continuous trigger will be applicable when environmental contamination claimant is able to show that damage, like asbestosis, occurred on continuing basis); See also Howard, supra, 22 Tort & Ins. L.J. at 632-33 (“Courts faced with coverage determinations in the toxic waste setting are likely to ... adopt the exposure, manifestation or continuous trigger theories rather than a ‘single point in time’ test, with those courts intent upon maximizing coverage to the greatest extent possible opting for the continuous trigger approach.”).