HARTFORD ACC. & INDEM. CO. v. USF & G

No. 91-4057.

962 F.2d 1484 (1992)

HARTFORD ACCIDENT & INDEMNITY COMPANY, a Connecticut corporation, Plaintiff/Counter-Claim Defendant/Appellee, v. U.S. FIDELITY AND GUARANTY COMPANY, a Maryland corporation; Commercial Union Insurance Companies, a Massachusetts corporation, Defendants, and El Paso Natural Gas Company, a Delaware corporation, Defendant/Counter-Claimant/Appellant. Interstate Natural Gas Association of America; Insurance Environmental Litigation Association; John Richard Ludbrooke Youell, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

April 30, 1992.


Attorney(s) appearing for the Case

Alan L. Sullivan (R. Stephen Marshall and William R. Richards, with him, on the briefs), Van Cott, Bagley, Cornwall, & McCarthy, Salt Lake City, Utah, for defendant, counter-claimant/appellant.

Joy L. Clegg (Paul C. Droz, Snow, Christensen & Martineau, Salt Lake City, Utah, and James C. Martin, Crosby, Heafey, Roach & May, Oakland, Cal., with her, on the briefs), Snow, Christensen & Martineau, Salt Lake City, Utah, for plaintiff, counter-claim-defendant, appellee.

Mark D. Colley, M. Roy Goldberg, and Richard P. Holme, Davis, Graham & Stubbs, and John H. Cheatham, III and Jean E. Sonneman, Interstate Natural Gas Ass'n of America, Washington, D.C., on the brief, for amicus curiae Interstate Natural Gas Ass'n of America.

Thomas W. Brunner, Marilyn E. Kerst, and Sharon Rau Dissinger, Wiley, Rein & Fielding, Washington, D.C., on the brief, for amicus curiae Ins. Environmental Litigation Ass'n.

David J. Richman, Coghill & Goodspeed, Denver, Colo., on the brief, for amicus curiae John Richard Ludbrooke Youell.

Before MOORE and McWILLIAMS, Circuit Judges, and HUNTER, District Judge.


JOHN P. MOORE, Circuit Judge.

This insurance dispute between El Paso Natural Gas Company and Hartford Accident & Indemnity Corporation involves liability for the cleanup of El Paso's gas transmission system. Hartford brought an action for declaratory relief, and subsequently Hartford and El Paso both moved for summary judgment to determine whether Hartford's comprehensive general liability insurance excluded coverage...

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