1.   The insured must bear the costs of the Engineers fees unless liability is subsequently established under the policy.

2.   The reasonable foreseeability test should not apply in strict liability torts as foresight of damage is not generally required to establish liability.

3.   But the judges did hold out the possibility that such liability could be established in the future.

4.   But the court had not addressed the standard for establishing liability.

5.   Russell said she hopes the study will help establish liability in crashes, increase driver accountability, reduce insurance fraud and better identify high-risk drivers.

6.   The lower courts in both cases set standards making it difficult for plaintiffs to establish liability on the part of the employer or the school.

7.   While developing a plan to correct the damage, the government sued to establish liability for clean up costs by companies that had formerly owned or operated the plant.