Kenneth M. ANDERSON, as Personal Representative of the Estate of Fred W. Hedberg, et al., Respondents,
v.
MINNESOTA INSURANCE GUARANTY ASSOCIATION, Respondent,
Employers Insurance of Wausau, a Mutual Company, et al., Defendants,
The Hartford Insurance Company, Continental Casualty Company, St. Paul Fire & Marine Insurance Company, Petitioners, Appellants,
National Indemnity Co., Respondent.
Supreme Court of Minnesota.https://leagle.com/images/logo.png
July 28, 1995.
Rehearing Denied September 20, 1995.
Attorney(s) appearing for the Case
Richard J. Chadwick, Chadwick & Assoc., Chanhassen, and William J. Bowman, David G. Leitch, Kevin P. Gallagher, Hogan & Hartson, L.L.P., Washington, DC, for Hartford Ins. Co.
Charles E. Spevacek, William M. Hart, Stacy A. Broman, Joseph W.E. Schmitt, Meagher & Geer, P.L.L.P., Minneapolis, for St. Paul Fire & Marine Ins. Co.
Maclay R. Hyde, Nicholas N. Nierengarten, Rick E. Kubler, Jonathan M. Redgrave, Gray, Plant, Mooty, Mooty & Bennett, Pa., Minneapolis, MN, for Kenneth M. Anderson, et al.
Robert C. Sipkins, Cousineau, McGuire & Anderson, Chtd., Minneapolis, for MN Ins. Guar. Assoc.
Richard B. Allyn, Robins, Kaplan, Miller & Ciresi, Minneapolis, for Nat. Indem. Co.
Daniel S. Weiss, Minneapolis, for defendant employers Ins. of Wausau, et al.
Gina G. Washburn, William J. Jeronimus, Karen A. Schaffer, St. Paul, for MN County Attys. Ass'n.
Hubert H. Humphrey, III, Atty. Gen., John Garry, St. Paul, for Com'r of Commerce.
Hubert H. Humphrey, III, Atty. Gen., Alan C. Williams, St. Paul, for MN Pollution Control Agency.
Charles E. Lundberg, Minneapolis, and Daniel E. Troy, Wiley, Rein & Fielding, Washington, DC, for Ins. Environmental Litigation Ass'n.
Heard, considered, and decided by the court en banc.
Supreme Court of Minnesota.
OPINION
TOMLJANOVICH, Justice.
On January 30, 1992, the Estate of Fred Hedberg (the "Estate") brought a declaratory action in Hennepin County District Court against the Minnesota Insurance Guaranty Association (MIGA) seeking a determination that policies issued by the American Mutual Liability Insurance Company provided coverage for costs incurred in remediating pollution that was released gradually over time. In its answer, MIGA asserted, inter alia...
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