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SCSC CORP. v. ALLIED MUT. INS. CO.

Nos. C2-93-1408, C8-93-1414 and C3-93-1630.

533 N.W.2d 603 (1995)

SCSC CORP., Formerly Known as Schloff Chemical and Supply Company, Petitioner, Respondent, v. ALLIED MUTUAL INSURANCE COMPANY, as Successor in Interest to AID Insurance Company and Tower Insurance Company, Petitioners, Appellants.

Supreme Court of Minnesota.

June 16, 1995.

Attorney(s) appearing for the Case

Sean E. Hade, Mary P. Rowe, Jardine, Logan & O'Brien, St. Paul, for Tower Ins. Co.

Dale O. Thornsjo, Eric J. Strobel, Peters & Hektner, Ltd., Minneapolis, for Allied Mut. Ins. Co. for appellant.

Thomas C. Mielenhausen, James A. Mennell, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for respondent.

Charles E. Lundberg, Bassford, Lockhart, et al., Minneapolis, for amicus curiae Ins. Environmental Litigation Assoc.

Hubert H. Humphrey, III, Atty. Gen., Stephen Shakman, Adonis A. Neblett, Asst. Attys. Gen., St. Paul, for amicus curiae State of Minn.

Heard, considered and decided by the court en banc.

OPINION

KEITH, Chief Justice.

In October 1990, SCSC Corp., formerly known as Schloff Chemical and Supply Company, commenced this action against its liability insurance carriers, Allied Mutual Insurance Company and Tower Insurance Company. SCSC sought a determination of the insurers' obligations under liability insurance policies for costs SCSC incurred as the result of soil and groundwater contamination. Following trial, the jury returned a verdict in favor...

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