MICHIGAN MILLERS MUTUAL INSURANCE COMPANY
v.
BRONSON PLATING COMPANY
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued November 4, 1993.
Decided July 12, 1994.
Attorney(s) appearing for the Case
Willingham & Cote, P.C. (by John A. Yeager and Anthony S. Kogut), for the plaintiff.
Hickey & Cianciolo, P.C. (by Steven M. Hickey and Mary Lou K. Posa), for Commercial Union Insurance Company.
Bigler, Berry, Johnston, Sztykiel & Hunt, P.C. (by Steven C. Berry), for Hamilton Mutual Insurance Company.
Sullivan, Ward, Bone, Tyler & Asher, P.C. (by Michelle A. Thomas and Thomas M. Slavin), for Indiana Lumbermens Mutual Insurance Company.
Kitch, Saurbier, Drutchas, Wagner & Kenney, P.C. (by Mark D. Willmarth, Susan H. Zitterman, and Arthur F. Brandt), for Indiana Insurance Company.
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C. (by Kim V. Marrkand), for Liberty Mutual Insurance Company.
Law Offices of Beresh & Prokoff (by Sandra A. Prokoff) for Liberty Mutual Insurance Company.
Miller, Canfield, Paddock & Stone (by Michael B. Ortega, James D. Robb, and W. Mack Faison) for Federal Insurance Company.
Morrison, Morrison & Finley (by Kenneth W. Morrison) for Great Southwest Fire Insurance Company.
Cummings, McClorey, Davis & Acho, P.C. (by Marcia L. Howe and T. Joseph Seward), for the Hartford Accident and Indemnity Company.
Howard & Howard Attorneys, P.C. (by Myra L. Willis), for Auto-Owners Insurance Company.
Honigman, Miller, Schwartz & Cohn (by Jay E. Brant, Philip A. Grashoff, Jr., Mark A. Goldsmith, and Daniel G. Helton), for the defendant.
Amici Curiae:
Provizer, Lichtenstein & Phillips, P.C. (by Marilyn A. Madorsky); Wiley, Rein & Fielding, of counsel (by Laura A. Foggan, James M. Johnstone, and William A. McGrath), for Insurance Environmental Litigation Association.
Covington & Burling (by Gregg H. Levy, Eric C. Bosset, Seth A. Tucker, and Ronald J. Krotoszynski, Jr.), and Warner, Norcross & Judd (by Paul T. Sorensen) for American Petroleum Institute, American Fiber Manufacturers Association, Chemical Manufacturers Association, and Olin Corporation.
Butzel, Long (by John H. Dudley, Jr., and Jack D. Shumate) for Hi-Mill Manufacturing Company and Petroleum Specialties, Inc.
Supreme Court of Michigan.
MALLETT, J.
Defendants appeal the Court of Appeals determination that defendants' duty to defend was triggered by plaintiff Bronson Plating Company's receipt of a letter from the United States Environmental Protection Agency, informing Bronson of its potential liability at the contaminated North Bronson Industrial Area site. Defendants argue that receipt of the notice did not give rise to a duty to defend because the letter did not signal the initiation of a "suit...
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