U.S. Code » Title 42 » Chapter CHAPTER 103— COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY › Subchapter SUBCHAPTER IV— POLLUTION INSURANCE

42 U.S.C. § 9672

State laws; scope of subchapter

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(a) State laws

Nothing in this subchapter shall be construed to affect either the tort law or the law governing the interpretation of insurance contracts of any State. The definitions of pollution liability and pollution liability insurance under any State law shall not be applied for the purposes of this subchapter, including recognition or qualification of risk retention groups or purchasing groups.

(b) Scope of subchapter

The authority to offer or to provide insurance under this subchapter shall be limited to coverage of pollution liability risks and this subchapter does not authorize a risk retention group or purchasing group to provide coverage of any other line of insurance.

(Pub. L. 96–510, title IV, § 402, as added Pub. L. 99–499, title II, § 210(a), formerly § 210, Oct. 17, 1986, 100 Stat. 1716; renumbered § 210(a), Pub. L. 99–563, § 11(c)(1), Oct. 27, 1986, 100 Stat. 3177.)
Notes of Decisions
Cited in 5 cases, 1990–2013 · leading case: Chubb Custom Insurance Company v. Space Systems/ Loral, Inc.
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Chubb Custom Insurance Company v. Space Systems/ Loral, Inc. (2013) ca9 · cites it 2× “See 42 U.S.C. §§ 9672 (a), 9607(e). CHUBB CUSTOM INS.”
American Policyholders Insurance Company v. Nyacol Products, Inc. (1993) ca1 “See 42 U.S.C. § 9672 (a) (stating that CERCLA’s insurance subchapter “shall [not] be construed to affect .”
Hudson Insurance v. American Electric Corp. (1990) flmd “” 42 U.S.C. § 9672 (a). Thus, entities that are formed expressly for the purpose of providing insurance to cover CERCLA liabilities can expect that the content of their insurance policies will be subject to state insurance law.”
Hudson Ins. Co. v. Double D Management Co., Inc. (1991) flmd · cites it 3× “§ 9651 (b), mandating that the President conduct a study to determine the availability and reasonableness of CERCLA insurance coverage, provides an inference that commercial liability insurance does not cover CERCLA risks can be put to rest by the clear language of 42 U.S.C. §…”
ARCO Environmental Remediation, L.L.C. v. Department of Health & Environmental Quality (2000) ca9 “”); 42 U.S.C. § 9672 (“Nothing in this subchapter shall be construed to affect either the tort law or the law governing the interpretation of insurance contracts of any State.”
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