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  5. 656 N.E.2d 548 (1995)
 

OSCO, INC. v. ST. PAUL FIRE AND MARINE INS. CO.

No. 46A03-9503-CV-95.

656 N.E.2d 548 (1995)

OSCO, INC., Appellant-Defendant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Appellee-Plaintiff.

Court of Appeals of Indiana.

October 25, 1995.

Attorney(s) appearing for the Case

Laurence A. McHugh, Joseph R. Fullenkamp, Kimberly D. Finlaw, Barnes & Thornburg, Indianapolis, for appellant.

John C. Hamilton, Doran, Blackmond, Ready Hamilton & Williams, South Bend, Stephen M. Kelley, Timothy J. Clarke, Donald J. Parthum, Jr., Kelley, Casey, & Clarke, P.C., Grosse Pointe Woods, Michigan, for appellees.

OPINION

ROBERTSON, Judge.

Osco Inc., a business engaged in hauling waste oil, became liable for pollution damage/environmental contamination to two Superfund sites under the Comprehensive Environmental Response Compensation and Liability Act [CERCLA]. Osco's insurer, the St. Paul Fire and Marine Insurance Company, initiated the present declaratory judgment action arguing Osco's claim was excluded under the pollution...

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