WEYERHAEUSER CO. v. AETNA

No. 61000-2.

123 Wn.2d 891 (1994)

874 P.2d 142

WEYERHAEUSER COMPANY, Appellant, v. AETNA CASUALTY AND SURETY COMPANY, ET AL, Defendants, CENTRAL NATIONAL INSURANCE COMPANY OF OMAHA, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

May 19, 1994.


Attorney(s) appearing for the Case

Perkins Coie, by Charles C. Gordon, Jeffrey I. Tilden, and Jeffrey M. Thomas; Anderson Kill Olick & Oshinsky, P.C., by Eugene R. Anderson, Robert M. Horkovich, William G. Passannante, and Peter J. Andrews; and Gabriel E. Gedvila, Assistant General Counsel, for appellant.

Williams, Kastner & Gibbs, by Frankie Adams Crain; Lane Powell Spears Lubersky, by William A. Pelandini and Raymond S. Weber; Gaitan & Cusack, by Kenneth J. Cusack and William F. Knowles; Bliss Riordan, by Carl E. Forsberg, for respondents.

Mark S. Parris, Peggy J. Williams, David M. Brenner, Robert N. Sayler, John G. Buchanan III, William F. Greaney, and Thomas M. Reiter on behalf of Boeing, Paccar, Asarco, Univar, Washington Natural Gas, Aluminum Co. of America, and Northwest Alloys, amici curiae for appellant.

Mark S. Parris and Peggy J. Williams on behalf of the Association of Washington Cities, amicus curiae for appellant.

Christine O. Gregoire, Attorney General, and Kathryn L. Gerla, Assistant, amicus curiae for appellant.

Thomas S. James, Jr., Laura A. Foggan, John E. Barry, and Jonathan M. Shaw on behalf of Insurance Environmental Litigation Association, amicus curiae for respondents.


ANDERSEN, C.J.

FACTS OF CASE

In 1992, the Weyerhaeuser Company filed a declaratory judgment action against many of its insurers seeking a declaration of coverage with regard to alleged property damage at some 42 allegedly polluted sites in a number of states.

The insurance policies involved were issued over a period of time from approximately 1951 through 1985. The policies were described as various primary...

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