This Comment will examine the CERCLA provisions that empower the government to clean up dangerous hazardous waste sites and to seek reimbursement of clean-up costs from polluters. It will then outline the standard provisions of CGL policies, which require insurers to indemnify insureds for all costs incurred "as damages" under the terms of the policy. Next, the Comment will set forth the two primary methods of interpretation employed by courts to determine whether CERCLA response costs are covered damages under CGL policies. The Comment will then set forth Washington law which provided the foundation for the Washington Supreme Court's decision in Boeing and will analyze the Boeing decision. Finally, this Comment concludes that public policy strongly favors coverage of clean-up costs "as damages."
Kimberly A. Richter, Boeing Co. v. Aetna Casualty & Surety Co.: CERCLA Response Costs Covered "As Damages" Under Comprehensive General Liability Insurance Policies , 14 SEATTLE U. L. REV. 311 (1991).