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INDUSTRIAL STEEL CONTAINER v. FIREMAN'S FUND

Nos. C8-86-1135, C8-86-1197.

399 N.W.2d 156 (1987)

INDUSTRIAL STEEL CONTAINER COMPANY, by George J. RUTMAN, as Trustee, Respondent, v. FIREMAN'S FUND INSURANCE CO., Appellant, Pine Top Insurance Company, Appellant, Great Southwest Fire Insurance Company, Appellant.

Court of Appeals of Minnesota.

Review Denied March 18, 1987.

Attorney(s) appearing for the Case

John P. Lommen, Kay Nord Hunt, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for respondent.

M. Paul Gorfinkel, William M. Savino, Daniel A. Bartoldus, Rivkin, Radler, Dunne & Bayh, Uniondale, N.Y., Henry A. Cousineau, Jr., Jeffrey O. Knutsen, Cousineau, McGuire, Shaughnessy & Anderson, Chartered, Leo Gerard Daly, Arthur, Chapman, Michaelson & MacDonough, Minneapolis, for appellants.

Thomas W. Brunner, Laura A. Foggan, Piper & Marbury, Washington, D.C., John B. Gordon, Linda S. Svitak, Faegre & Benson, Minneapolis, for amicus curiae American Ins. Assoc.

Heard, considered, and decided by CRIPPEN, P.J., and LANSING and LESLIE, JJ.

OPINION

LANSING, Judge.

In 1983 the Minnesota Pollution Control Agency (MPCA) identified Industrial Steel Container Company (ISCC) as a party potentially responsible for surface and ground water contamination from hazardous wastes deposited in a landfill in Andover, Minnesota. ISCC notified its insurers of the claim and requested defense and indemnification. The insurers refused and ISCC filed this action seeking a declaratory judgment of the insurers' duties...

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