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MONT. REFINING v. NAT. UNION FIRE INS. OF PITTSB.

No. CV-N-92-845-ECR.

918 F.Supp. 1395 (1996)

MONTANA REFINING COMPANY, Plaintiff, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Defendant.

United States District Court, D. Nevada.

March 20, 1996.

Attorney(s) appearing for the Case

Michael Thornton, Thomas D. Long, Kurt Melchior, Jared E. Peterson, Alison S. Hightower, of Nossaman, Guthner and Know, San Fransisco, CA, Tobert F. Saint-Aubin of Maddox & Saint-Aubin, Reno, NV, for plaintiff.

Randall J. Peters, R. Jeff Carlisle, Stephen S. Duplantic, Nicholas R. Andrea, Stephen M. Harber, Los Angeles, CA, Alfred A. Osborne of Osborne & Gamboa, Reno, NV, for defendant.

ORDER

EDWARD C. REED, Jr., District Judge.

The question is whether the "Hazardous Substance Remedial Action Exclusion" in a commercial general liability (CGL) insurance policy has been triggered. The answer depends on the proper construction of the exclusion, which is a matter of first impression. The exclusion is susceptible to only one reasonable construction and is therefore not ambiguous; given the undisputed facts and the terms of the exclusion...

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