Leo WEBER, Daniel Weber, Doug Weber and Howard Weber, Appellants,
v.
IMT INSURANCE COMPANY, Appellee.
Supreme Court of Iowa.https://leagle.com/images/logo.png
October 17, 1990.
October 17, 1990.
Attorney(s) appearing for the Case
Thomas M. Walter of Johnson, Hester & Walter, Ottumwa, for appellants.
Marsha Ternus of Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, and W. Kent Thomson and Alanson K. Elgar of the Elgar Law Office, Mt. Pleasant, for appellee.
Douglas E. Gross of Brown, Winick, Graves, Donnelly, Baskerville and Schoenebaum, Des Moines, and Lester O. Brown and Thomas G. Rozinski of Anderson, Kill, Olick & Oshinsky, P.C., New York City, for amicus curiae Iowa Public Service Co.
Roger S. Lande and David J. Meloy of Stanley, Rehling, Lande & Van Der Kamp, Davenport, and Peter C. Condron, Michael Y. Horton and Paul A. Zevnik of Kaye, Scholer, Fierman, Hays & Handler, Washington, D.C., for amici curiae Iowa Southern Utilities Co., the City of Clinton, Iowa, Quantum Chemical Corp., Getty Chemical Co. and ACC Chemical Co.
Mark E. Schantz of Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, and Thomas W. Brunner, Marilyn E. Kerst and Thomas B. Griffith of Wiley, Rein & Fielding, Washington, D.C., for amici curiae Employers Mut. Cas. Co., Hawkeye-Sec. Ins. Co., United Sec. Ins. Co. and Ins. Environmental Litigation Ass'n.
Considered by McGIVERIN, C.J., and LARSON, SCHULTZ, SNELL and ANDREASEN, JJ.
Supreme Court of Iowa.
McGIVERIN, Chief Justice.
Ralph Newman brought an action against Leo, Daniel, Doug and Howard Weber (Webers) for nuisance and damages resulting from Webers' alleged contamination of his crops and land. Webers asked their farm insurer, IMT Insurance Company (IMT), to defend and indemnify them against the Newman lawsuit.
When IMT refused to defend or provide coverage, Webers filed this declaratory judgment action seeking a judicial determination that IMT had...
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