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SYLVESTER BROS. DEV. v. GREAT CENT. INS.

No. CX-92-2490.

503 N.W.2d 793 (1993)

SYLVESTER BROTHERS DEVELOPMENT COMPANY, d/b/a East Bethel Landfill, Appellant, v. GREAT CENTRAL INSURANCE COMPANY, et al., Defendants, The Federated Mutual Insurance Company, Respondent, Commercial Union Insurance Company, et al., Respondents, Auto-Owners Insurance Company, Respondent, Interstate Fire & Casualty Company, Respondent.

Court of Appeals of Minnesota.

Review Denied September 30, 1993.

Attorney(s) appearing for the Case

Forrest D. Nowlin, Gary Hansen, Timothy J. Dolan, Doherty, Rumble & Butler, Minneapolis, for Sylvester Bros. Development Co. d/b/a East Bethel Landfill.

James A. Jardine, John O'Brien, Jardine, Logan & O'Brien, St. Paul, for The Federated Mut. Ins. Co.

John M. Anderson, Charles E. Lundberg, Bassford, Heckt, Lockhart, Truesdell & Briggs, P.A., Minneapolis, for Commercial Union Insurance Co., et al.

James A. Reding, Sylvia Ivey Zinn, Reding & Votel, St. Paul, for Auto-Owners Ins. Co.

Dale O. Thornsjo, Peterson & Hektner, Ltd., Minneapolis, for Interstate Fire & Cas. Co.

Michael Berens, Kelly & Berens, P.A., Minneapolis, for amicus curiae Ins. Environmental Litigation Ass'n.

Considered and decided by SHORT, P.J., SCHUMACHER and KLAPHAKE, JJ.

OPINION

SHORT, Judge.

This declaratory judgment action involving the question of insurance coverage for groundwater contamination caused by the leaching of pollutants from a landfill is before us for the second time. Initially, the trial court granted summary judgment for the insurers because it concluded contamination by the routine deposit of waste into a landfill was not "sudden and accidental." We reversed, remanded, and ruled the proper inquiry must...

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