No. 89-15165.

952 F.2d 1551 (1991)


United States Court of Appeals, Ninth Circuit.

Decided December 24, 1991.

Attorney(s) appearing for the Case

Raoul D. Kennedy, Stephen G. Schrey, Crosby, Heafey, Roach & May, Oakland, Cal., for defendant-appellant.

John A. Skelton, Jr., Williams, Kelly, Polverari & Skelton, Redwood City, Cal., for plaintiff-appellee.

Timothy R. Patterson, Deputy Atty. Gen., San Diego, Cal., for amicus.

Robert N. Saylor, William F. Greaney, Steven G. Bradbury, Covington & Burling, Washington, D.C., Robert T. Haslam, Stanley Young, Heller, Ehrman, White & McAuliffe, Palo Alto, Cal., for amici curiae The American Petroleum Institute, The Chemical Mfrs. Ass'n, The Boeing Co., Ciba-Geigy Corp., and NI Industries, Inc.

David R. Berz, Stanley M. Spracker, Randy Chartash, Weil, Gotshal & Manges, Washington, D.C., Terry W. Bird, Bird, Marella, Boxer, Wolpert & Matz, Los Angeles, Cal., for amicus curiae Purex Industries, Inc.

Kirk A. Pasich, Paul, Hastings, Janofsky & Walker, Los Angeles, Cal., for amici curiae Martin-Marietta Corp. and Northrop Corp.

Before LIVELY, FLETCHER and REINHARDT, Circuit Judges.

FLETCHER, Circuit Judge:

Hartford Accident and Indemnity Company ("Hartford") appeals the district court's grant of summary judgment to Intel Corporation ("Intel"). The district court held that the insurance policy issued by Hartford to Intel covered expenses incurred by Intel pursuant to a consent decree it had entered into with the United States Environmental Protection Agency (the "EPA"); under the consent decree, Intel agreed to clean up toxic waste contamination...

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