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MATAKAS v. CITIZENS MUT INS CO

Docket No. 135737.

202 Mich. App. 642 (1993)

509 N.W.2d 898

MATAKAS v. CITIZENS MUTUAL INSURANCE COMPANY

Michigan Court of Appeals.

Decided December 6, 1993, at 9:45 A.M.

Attorney(s) appearing for the Case

Goodman, Eden, Millender & Bedrosian (by George J. Bedrosian), for the plaintiffs.

Mika, Meyers, Beckett & Jones (by Douglas A. Donnell and Linda L. Blais), for the defendant.

Amicus Curiae:

Hooper, Hathaway, Price, Beuche & Wallace (by Bruce T. Wallace and William J. Stapleton) (Wiley, Rein & Fielding by Thomas W. Brunner, James J. Johnstone, and James P. Anasiewicz, of Counsel), for Insurance Environmental Litigation Association.

Before: DOCTOROFF, C.J., and MICHAEL J. KELLY and GRIBBS, JJ.

DOCTOROFF, C.J.

Plaintiffs, William and Phillipa Matakas, filed this action for declaratory judgment, seeking a determination that defendant, Citizens Mutual Insurance Company, owed a duty to defend and indemnify them for all costs and damages associated with environmental contamination and litigation arising out of pollution of their property in Romulus. Defendant, appeals from an order entered on November 20, 1990, declaring that it had a duty to defend and indemnify...

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