COOPER DEV. CO. v. EMPLOYERS INS. OF WAUSAU

No. C 90-1330 SC.

765 F.Supp. 1429 (1991)

COOPER DEVELOPMENT COMPANY, Plaintiff, v. EMPLOYERS INSURANCE OF WAUSAU, a Mutual Company, and Transcontinental Insurance Company, Defendants.

United States District Court, N.D. California.

April 16, 1991.


Attorney(s) appearing for the Case

Paul A. Zevnik, Michel Y. Horton, Kaye, Scholer, Fierman, Hayes & Handler, Los Angeles, Cal. and Christopher H. Marraro and John G. Bickerman, Kaye, Scholer, Fierman, Hayes & Handler, Washington, D.C., for Cooper Development Co.

Steven D. Meier, Lyle B. Sinell and Alex M. Duarte, Zelle & Larson, San Francisco, Cal., for Employers Ins. of Wausau.

John E. Peer and Elizabeth Colpoys, Long & Levit, San Francisco, Cal., for Transcontinental Ins. Co.


ORDER

CONTI, District Judge.

I. Introduction

Plaintiff Cooper Development Company ("Cooper") moves for partial summary judgment on the "trigger of coverage" for liability insurance policies covering environmental property damage, and on the issue of whether costs incurred in complying with government-compelled environmental cleanup obligations are "damages" within the meaning of defendants' insurance policies. Also, defendant and counterclaimant...

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