QUEEN CITY FARMS, INC. v. CENTRAL NAT'L INS. CO. OF OMAHA

No. 59594-1.

126 Wn.2d 50 (1994)

882 P.2d 703

QUEEN CITY FARMS, INC., Respondent, v. THE CENTRAL NATIONAL INSURANCE COMPANY OF OMAHA, ET AL, Petitioners.

The Supreme Court of Washington, En Banc.

Amended by order March 22, 1995.

Amended by order July 20, 1995


Attorney(s) appearing for the Case

Aiken, St. Louis & Siljeg, P.S., by Pamela A. Lang and Steven Soha; Karr Tuttle Campbell, by William J. Price and Jacquelyn A. Beatty (Wiley, Rein & Fielding, Thomas W. Brunner, Robert B. Bell, Daniel E. Troy, Russell Sullivan, Laura A. Foggan, Carol Barthel, and Vicki Robinson, of counsel), for petitioners Central National Insurance Company, Highlands Insurance Company, and Maryland Casualty Company.

Lane Powell Spears Lubersky, by David M. Schoeggl, Wilbur J. Lawrence, and Linda Blohm Clapham, for petitioner Earnest A. Moore & Companies.

Preston Gates & Ellis, by Paul J. Lawrence, Desmond L. Brown, and Brian N. Poll, for respondent.

Thomas S. James, Jr., and Donald S. Kunze on behalf of the Insurance Environmental Litigation Association, amicus curiae for petitioners.

Patrick M. O'Loughlin; Victor C. Harwood III, Edward Zampino, and Bernadette M. Peslak on behalf of Aetna Casualty and Surety Company, amicus curiae for petitioners.

Andrew H. Salter on behalf of Liberty Mutual Insurance Company, amicus curiae for petitioners.

Charles C. Gordon and William G. Clark on behalf of The Boeing Company, Champion International Corporation, Time Oil Company, and Monsanto Company, amici curiae for respondent.

Frank Conklin; Donald C. Brockett, Prosecuting Attorney for Spokane County, and James Emacio, Chief Deputy, amicus curiae for respondent.


[Dissents by Utter and Madsen, JJ., amended by orders of the Supreme Court March 22 and July 20, 1995, and September 29, 1994.]

BRACHTENBACH, J.

This case involves coverage issues under comprehensive general liability policies for losses resulting from contamination of groundwater when toxic materials leaked from waste pits where hazardous materials had been deposited. A number of issues involve construction of policy...

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