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KEY TRONIC CORPORATION, INC. v. AETNA (CIGNA) FIRE UNDERWRITERS INS. CO.

No. 59616-6.

124 Wn.2d 618 (1994)

881 P.2d 201

KEY TRONIC CORPORATION, INC., Appellant, v. AETNA (CIGNA) FIRE UNDERWRITERS INSURANCE COMPANY, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

September 9, 1994.

Attorney(s) appearing for the Case

Stoel Rives Boley Jones & Grey, by Stevan D. Phillips and Ann M. Holmes, for appellant.

Simburg, Ketter, Sheppard & Purdy, by Melvyn J. Simburg and Jonathan I. Feil; Wilmer, Cutler & Pickering, by Lynn Bregman, John J. Kim, and Dennis W. Flannery, for respondents Aetna Fire Underwriters, et al.

Lee, Smart, Cook, Martin & Patterson, by Michael J. Bond, for respondent Transamerica Insurance Group.

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

Charles C. Gordon, Nicholas P. Gellert, and Paul R. Carlson on behalf of The Boeing Company; John C. Buchanan, James R. Murray, Eric C. Bosset, and Philip D. Golrick on behalf of The Boeing Company and ASARCO, Inc.; Robert M. Horkovich on behalf of Champion International Corporation and Joseph Simon & Sons, Inc.; Dennis G. Opacki on behalf of Paccar Inc., amici curiae for appellant.

Thomas S. James, Jr., Thomas W. Brunner, Robert B. Bell, and Lon A. Berk on behalf of The Insurance Environmental Litigation Association, amicus curiae for respondents.

BRACHTENBACH, J.

The trial court granted summary judgment in favor of six insurers, holding that as a matter of law pollution exclusions in their insurance policies preclude coverage for damage due to groundwater contamination resulting from leachates from toxic wastes disposed of at a Spokane County sanitary landfill by Key Tronic Corporation.

We reverse the trial court, and remand in light of our analysis herein and in Queen City Farms, Inc. v. Central...

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