FIREMAN'S FUND INSURANCE COMPANY, Appellee,
v.
ACC CHEMICAL COMPANY, Getty Chemical Company, and Chemplex Co., Appellants,
Insurance Company of North America, Continental Insurance Company, Employers Liability Assurance Corporation, Ltd., and First State Insurance Company, Appellees,
Evanston Insurance Company, Royal Indemnity Company, and United States Fire Insurance Company, Defendants.
EMPLOYERS LIABILITY ASSURANCE CORPORATION, LTD., Appellee,
v.
The CITY OF CLINTON, Iowa, Appellant.
ACC CHEMICAL COMPANY, Getty Chemical Company, and the City of Clinton, Iowa, Appellants,
v.
FIREMAN'S FUND INSURANCE COMPANY, First State Insurance Company, Continental Insurance Company, American Insurance Company, and Insurance Company of North America, Appellees,
Royal Indemnity Company, United States Fire Insurance Company, Employers Liability Assurance Corporation, Ltd., Columbia Casualty Company, Stonewall Insurance Company, Evanston Insurance Company, and Shand, Morahan & Company, Inc., Appellees.
Supreme Court of Iowa.https://leagle.com/images/logo.png
July 19, 1995.
Rehearing Denied September 15, 1995.
Attorney(s) appearing for the Case
John C. Hendricks and David J. Meloy of Stanley, Lande & Hunter, Davenport, and Daniel H. Williams III and John L. Osborne of Williams & Zevnik, P.C., New York City, for appellants.
Thomas B. Read of Crawford, Sullivan, Read, Roemerman & Brady, Cedar Rapids, and Gary D. Centola, Alan C. Eagle, Ginamarie T. Alvino, and Anne M. Murray of Rivkin, Radler & Kremer, Uniondale, NY, for appellees Fireman's Fund Ins. Co. and American Ins. Co.
Robert M. Jilek of Simmons, Perrine, Albright & Ellwood, Cedar Rapids, and Paul R. Koepff, Rosemary B. Boller, Thomas J. Di Resta, and Scott A. Schroeder of O'Melveny & Myers, New York City, for appellee Ins. Co. of North America.
Ralph D. Sauer of Betty, Neuman & McMahon, Davenport, and Lawrence E. Carr, Jr., William J. Carter, and Ann T. Dorsett of Carr, Goodson & Lee, P.C., Washington, DC, for appellee Continental Ins. Co.
Robert V.P. Waterman, Jr., Thomas D. Waterman, and John D. Telleen of Lane & Waterman, Davenport, for appellee Employers' Liability Assur. Corp., Ltd.
Lawrence P. McLellan, Barbara A. Hering, and Karl T. Olson of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, and Louis G. Adolfsen, Stephen C. Cunningham, and Martin A. Gromulat of Siff Rosen, P.C., New York City, for appellee First State Ins.
Glenn Goodwin of Finley, Alt, Smith, Scharnberg, May & Craig, P.C., Des Moines, and Edward Zampino, Victor C. Harwood III, and Peter E. Mueller of Harwood Lloyd, Hackensack, NJ, for amicus curiae Aetna Cas. and Sur. Co.
Kathleen L. Nutt of Herrick, Langdon & Langdon, Des Moines, and Thomas W. Brunner, Richard M. Gordin, and Dennis A. Tosh of Wiley, Rein & Fielding, Washington, DC, for amicus curiae Ins. Environmental Litigation Ass'n.
Considered en banc.
Supreme Court of Iowa.
LARSON, Justice.
The insured parties under comprehensive general liability insurance policies have appealed from a judgment against their insurance carriers, asserting that the damages awarded to them were inadequate. The insurance carriers cross-appealed the court's refusal to grant judgments for them as a matter of law. We reverse on the cross-appeals and remand for entry of judgment for the insurers.
This case involves insurance coverage for pollution cleanup...
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