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LEAFLAND v. INS. CO. OF NORTH AMERICA

No. 20400.

881 P.2d 26 (1994)

118 N.M. 281

LEAFLAND GROUP-II, MONTGOMERY TOWERS LIMITED PARTNERSHIP, a New Jersey partnership, Counterclaimant-Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Counterclaimant-Defendant-Appellee.

Supreme Court of New Mexico.

August 25, 1994.

Attorney(s) appearing for the Case

Garber & Hallmark, P.C., Bruce S. Garber, Santa Fe, Beigel & Sandler, Ltd., Norman Rifkind, Alan F. Block, Chicago, IL, for appellant.

Madison, Harbour, Mroz & Puglisi, P.A., Robert J. Mroz, Albuquerque, Clausen, Miller, Gorman, Caffrey & Witous, P.A., James T. Ferrini, Stephen D. Marcus, James R. Swinehart, Imelda Terrazino, Chicago, IL, for appellee.

Compton, Coryell, Hickey & Ives, P.A., Bradford V. Coryell, Daniel Gershon, Santa Fe, Long & Levit, Donald W. Carlson, Glen R. Olson, San Francisco, CA, for amicus Ins. Environmental Litigation Assn.

OPINION

BACA, Justice.

Counterclaimant Plaintiff-Appellant, Leafland Group-II, Montgomery Towers Limited Partnership ("Leafland"), appeals from a district court order denying its motion for summary judgment and granting summary judgment in favor of Counterclaimant Defendant-Appellee, Insurance Company of North America ("INA"). On appeal, we address whether the district court erred by deciding that there was no coverage under an insurance policy issued by...

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