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SPANGLER CONST. v. INDUS. CRANKSHAFT

No. 128PA88.

388 S.E.2d 557 (1990)

326 N.C. 133

C.D. SPANGLER CONSTRUCTION COMPANY v. INDUSTRIAL CRANKSHAFT AND ENGINEERING CO., INC., d/b/a Dynatech Industries; Durham Life Insurance Company; International Insurance Company; Aetna Fire Underwriters Insurance Company; Westchester Fire Insurance Company; Great American Insurance Company; Federal Insurance Company; St. Paul Fire and Marine Insurance Company; United States Fire Insurance Company; American States Insurance Company; and Travelers Indemnity Company.

Supreme Court of North Carolina.

February 7, 1990.

Attorney(s) appearing for the Case

Perry, Patrick, Farmer & Michaux, P.A. by Roy H. Michaux, Charlotte, N.C. and Young, Moore, Henderson & Alvis, P.A. by Walter E. Brock, Jr., Raleigh, for plaintiff-appellant.

Golding, Crews & Meekins by Harvey L. Cosper, Jr., Charlotte, and Steptoe & Johnson, by Roger E. Warin, Washington, D.C., for defendant-appellee, St. Paul Fire and Marine Ins. Co.

Womble, Carlyle, Sandridge & Rice by Richard T. Rice and Reid C. Adams, Jr., Winston-Salem, for defendant-appellee Travelers Indem. Co.

Manning, Fulton & Skinner by Howard E. Manning, Sr., Raleigh, and Covington & Burling by Eric S. Koenig, Washington, D.C., for amici curiae, American Petroleum Inst., ICI Americas, Inc., Intern. Business Machines Corp. and Olin Corp.

Bode, Call & Green by S. Todd Hemphill, Raleigh, for amicus curiae Insurance Environmental Litigation Ass'n.

EXUM, Chief Justice.

This is an action for declaratory judgment brought by the insured seeking judicial construction of comprehensive general liability insurance policies. The question presented is whether the policies' coverage clauses protect the insured against losses incurred in complying with lawful orders of a state agency to remove a certain hazardous waste from its premises. The trial court concluded the coverage clauses did not protect against such losses...

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