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RAY INDUSTRIES, INC. v. LIBERTY MUT. INS. CO.

Nos. 90-2152, 90-2220.

974 F.2d 754 (1992)

RAY INDUSTRIES, INC., Plaintiff-Appellee, Cross-Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 10, 1992.

Rehearing and Rehearing Denied October 27, 1992.

Attorney(s) appearing for the Case

Darlene Domanik (briefed), Kurtis T. Wilder, Robert C. Davis, Jack D. Shumate (argued), Butzel, Long, Gust, Klein & Van Zile, Detroit, Mich., Henry G. Kolb, Skokie, Ill., for Ray Industries, Inc.

Sandra A. Prokopp, Beresh & Prokopp, Novi, Mich., Lee H. Glickenhaus (argued and briefed), Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, Boston, Mass., for Liberty Mut. Ins. Co.

Laura A. Foggan (briefed), Carol Barthel, Thomas W. Brunner, Wiley, Rein & Fielding, Washington, D.C., Insurance Environmental Litigation Ass'n, amicus curiae.

William F. Greaney, and Curtis A. Bradley (briefed), Covington & Burling, Washington, D.C., American Petroleum Institute amicus curiae, American Fiber Manufacturers Ass'n, amicus curiae, Chemical Manufacturers Ass'n, amicus curiae, International Business Machine Corp., amicus curiae, Olin Corp., amicus curiae.

Before: RYAN, BOGGS, and BATCHELDER, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 27, 1992.

BOGGS, Circuit Judge.

Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. §§ 9601 et seq., the Environmental Protection Agency may notify "potentially responsible parties" (PRPs) that they may be held responsible for the full cost of cleaning up a hazardous waste site. When the PRPs turn to their insurers for indemnification and...

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