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CITY OF BRONSON v. AMERICAN STATES INS. CO.

Docket No. 175170.

546 N.W.2d 702 (1996)

215 Mich. App. 612

CITY OF BRONSON, Plaintiff-Appellant, v. AMERICAN STATES INSURANCE COMPANY and Transamerica Insurance Company, Defendants-Appellees, and Insurance Company of North America, Defendant.

Court of Appeals of Michigan.

Decided February 27, 1996, at 9:20 a.m.

Released for Publication April 29, 1996.

Attorney(s) appearing for the Case

Warner Norcross & Judd LLP by Robert J. Jonker and Elizabeth M. Topliffe, Grand Rapids, for the City of Bronson.

Holahan, Malloy, Maybaugh & Monnich by John R. Monnich and Maureen Holahan, Troy, Indiana (Bingham Summers Welsh & Spilman by Martha S. Hollingsworth, Indianapolis, Indiana, of counsel), for American States Insurance Company.

Timmis & Inman by Mark W. Peyser, Detroit, for Transamerica Insurance Company.

Kelley, Casey & Clarke, P.C. by Stephen M. Kelley, Detroit (Wiley, Rein & Fielding by Laura A. Foggan, Daniel E. Troy, and J. Stephen Zielezienski, Washington, D.C., of counsel), for Amicus Curiae Insurance Environmental Litigation Association.

Before HOEKSTRA, P.J., and MacKENZIE and TAHVONEN, JJ.

PER CURIAM.

Plaintiff purchased general liability insurance policies from each of defendant insurers at various times spanning from 1969 to 1985. In 1986, the United States Environmental Protection Agency sent plaintiff a letter claiming that plaintiff may be a party potentially responsible for environmental contamination at the North Bronson Industrial Area. Plaintiff subsequently filed this declaratory judgment action, seeking a ruling that defendants had a duty...

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