AMERICAN BUMPER AND MANUFACTURING CO. v. HARTFORD FIRE INS. CO.

Docket Nos. 101808, 101809, 101817-101822, Calendar No. 6.

550 N.W.2d 475 (1996)

452 Mich. 440

AMERICAN BUMPER AND MANUFACTURING COMPANY, doing business as American Anodco, Inc., Plaintiff-Appellee, v. HARTFORD FIRE INSURANCE COMPANY, Farm Bureau Mutual Insurance Company of Michigan, Pacific Employers Insurance Company, Providence Washington Insurance Company, and Employers Mutual Casualty Company, Defendants-Appellants.

Supreme Court of Michigan.

Decided July 16, 1996.


Attorney(s) appearing for the Case

Miller, Johnson, Snell & Cummiskey, P.L.C. by J. Michael Smith and Robert J. Christians, Grand Rapids, for plaintiff.

Rhoades, McKee, Boer, Goodrich & Titta by Gregory G. Timmer, Grand Rapids, for Hartford Fire Insurance Company.

Willingham & Cote, P.C. by John A. Yeager and Curtis R. Hadley, East Lansing, for Farm Bureau Mutual Insurance Company of Michigan.

Harvey, Kruse, Westen & Milan, P.C. by Gary L. Stec Grand Rapids, and O'Melveny & Myers by Paul R. Koepff and Aaron F. Fishbein, New York City, for CIGNA Fire Underwriters Insurance Company and Pacific Employers Insurance Company.

Provizer, Lichtenstein & Phillips, P.C. by Deborah Molitz, Southfield, for Providence Washington Insurance Company.

Cholette, Perkins & Buchanan by Reynolds A. Brander, Grand Rapids, and Riley Research & Appeals by Robert J. Riley, Grand Rapids, for Employers Mutual Casualty Company.

Roberts, Betz & Bloss, P.C. by David J. Bloss and Ralph M. Reisinger, Grand Rapids, amici curiae for Michigan Association of Insurance Companies.

Kelley, Casey & Clarke, P.C. by Stephen M. Kelley and Timothy J. Clarke, Detroit, and Wiley, Rein & Fielding, of counsel by Laura A. Foggan, Elizabeth A. Eastwood, and N. Christopher Hardee, Washington, D.C., for Insurance Environmental Litigation Association.


OPINION

MALLETT, Judge.

In this appeal we must determine whether and to what extent general liability insurance carriers are required to defend their insured from an Environmental Protection Agency claim in which the investigation ultimately showed no need for remediation and resulted in a "no action" record of decision for the site. Because we find that the Court of Appeals, under the specific circumstances...

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