WESTLING MFG. v. WESTERN NAT. MUT. INS.

Nos. C5-97-1878, C7-97-1882.

581 N.W.2d 39 (1998)

WESTLING MANUFACTURING COMPANY, INC., Respondent, v. WESTERN NATIONAL MUTUAL INSURANCE COMPANY, Appellant (C7-97-1882), Employers Mutual Casualty Company, Appellant (C5-97-1878).

Court of Appeals of Minnesota.

Review Denied September 22, 1998.


Attorney(s) appearing for the Case

James T. Martin, Dan T. Ryerson, Gislason, Martin & Varpness, P.A., Edina, for appellant Western National Mutual Insurance Company.

Dale O. Thornsjo, Esq., Johnson & Condon, P.A., Minneapolis, for appellant Employers Mutual Casualty Company.

William L. Lucas, Edina, for respondent Westling Manufacturing Company, Inc.

Considered and decided by CRIPPEN, P.J., and DAVIES and HARTEN, JJ.


OPINION

CRIPPEN, Judge.

According to a trial court conclusion, premised on a special jury verdict, respondent Westling Manufacturing Company proved that contamination to the groundwater under and in the vicinity of its property resulted from a sudden and accidental release during a period in which Westling was covered by appellant insurers. The insurers, the court also determined, did not prove that other, ongoing spillage was an overriding cause of the...

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