ARCO INDUSTRIES CORP. v. AMERICAN MOTORISTS INS. CO.

Docket Nos. 133908, 136612.

198 Mich. App. 347 (1993)

497 N.W.2d 190

ARCO INDUSTRIES CORPORATION v. AMERICAN MOTORISTS INSURANCE COMPANY

Michigan Court of Appeals.

Decided March 1, 1993, at 9:15 A.M.


Attorney(s) appearing for the Case

Honigman Miller Schwartz & Cohn (by Jay E. Brant, Philip A. Grashoff, Jr., Mark A. Goddsmith, and Daniel G. Helton), and Butler Durham & Svikis (by Sidney D. Durham and Andis Svikis) for Arco Industries Corporation and Frederick C. Matthaei, Jr.

Miller, Canfield, Paddock & Stone (by Kevin J. Moody, Michael B. Ortega, and Clifford T. Flood), and Drinker Biddle & Reath (by Thomas S. Schaufelberger and Steven A. Bennett), for American Motorists Insurance Company.

Amicis Curiae:

John D. Noonan, (Andrew P. Buchsbaum, of Counsel), for Environmental Law Society.

Hill Lewis (by Richard C. Sanders) (Anderson Kill Olick & Oshinsky, P.C., by Eugene R. Anderson, and Martha Churchill, of Counsel), for Mid-America Legal Foundation. Detroit, New York, NY, Chicago, IL

Hooper, Hathaway, Price, Beauche & Wallace (by William Stapleton), (Wiley, Rein & Fielding by Thomas W. Brunner, Marilyn E. Kerst, James M. Johnstone, and Robert M. Gordon, of Counsel), for Insurance Environmental Litigation Association.

Before: MICHAEL J. KELLY, P.J., and MacKENZIE and BRENNAN, JJ.


MICHAEL J. KELLY, P.J.

This declaratory judgment action arises from the refusal of defendant American Motorists Insurance Company to indemnify plaintiffs for costs incurred in defending an action brought by the Department of Natural Resources for remediation of a chemical contamination site at Arco Industries Corporation's Schoolcraft plant. Arco; Fredrick C. Matthaei, Jr., chairman of Arco's board of directors; and...

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