ASSOCIATED WHOLESALE GROCERS, INC., et al., Plaintiffs/Appellees,
v.
AMERICOLD CORPORATION; SAFEWAY, INC., et al., Defendants, and
NORTHWESTERN PACIFIC INDEMNITY COMPANY, Garnishee/Appellant.
Supreme Court of Kansas.https://leagle.com/images/logo.png
Opinion filed March 7, 1997.
Opinion filed March 7, 1997.
Attorney(s) appearing for the Case
Wayne T. Stratton, of Goodell, Stratton, Edmonds & Palmer, L.L.P., of Topeka, argued the cause, and Charles R. Hay, of the same firm, was with him on the briefs for garnishee/appellant.
Andrew W. Horstman, of Robins, Kaplan, Miller & Ciresi, of Minneapolis, Minnesota, argued the cause, and Donald W. Bostwick, of Adams, Jones, Robinson & Malone, of Wichita; N. Jack Brown, of Boddington & Brown, of Kansas City; and David S. Evinger and Robert J. Gilbertson, of Robins, Kaplan, Miller & Ciresi, of Minneapolis, Minnesota, were with him on the briefs for plaintiffs Arkwright Mutual Insurance Company; Doskocil Companies, Inc., for itself and as assignee of Industrial Risk Insurers; and Wilson Foods Corporation.
John M. Duggan, of Duggan, Shadwick & Doerr, P.C., of Kansas City, Missouri, argued the cause, and John E. North, Jr., and Pamela K. Black, of McGrath, North, Mullin and Kratz, P.C., of Omaha, Nebraska, were with him on the briefs for ConAgra, Inc. and Swift-Eckrich, Inc.
James A. Durbin and Richard N. Bien, of Swanson, Midgley, Gangwere, Kitchin and McLarney, L.C., of Kansas City, Missouri, were on the briefs for Safeway, Inc.
Edward J. Barbosa, William J. Gotfredson, and Edward L. Smith, of Knipmeyer, McCann, Smith, Manz & Gotfredson, of Kansas City, Missouri, were on the briefs for Safeway, Inc.; Kraft Foodservice, Inc.; Fleming Companies, Inc.; and Marcus Phillips, d/b/a Phillips Confections, Inc., and Hanover Kansas City, Inc.
Daniel J. Strausbaugh and Steffanie Stracke, of Couch, Strausbaugh, Pierce & King, Chartered, of Overland Park, and Laura A. Foggan, Daniel E. Troy, and John C. Yang, of Wiley, Rein & Fielding, of Washington, D.C., were on the brief for amicus curiae Insurance Environmental Litigation Association.
Steven C. Day, of Woodard, Blaylock, Hernandez, Roth & Day, of Wichita, was on the brief for amicus curiae Kansas Association of Defense Counsel.
Supreme Court of Kansas.
The opinion of the court was delivered by
SIX, J.:
This is a first impression pollution exclusion liability insurance excess coverage case involving a finding of bad faith for refusal to settle within policy limits. The judgments for plaintiffs totaled $58,670,754. The defendant excess carrier's policy limit is $25 million. Our journey to resolution takes us deep into "insurance country," where an unfamiliar landscape...
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