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ARCO INDUSTRIES CORP. v. AMICO

Docket No. 210651.

594 N.W.2d 61 (1998)

232 Mich. App. 146

ARCO INDUSTRIES CORPORATION, Robert P. Ferguson, and Frederick C. Matthei, Plaintiffs-Appellants/Cross-Appellees, v. AMERICAN MOTORISTS INSURANCE COMPANY, Defendant-Appellee/Cross-Appellant, and Home Indemnity Company, Consolidated American Insurance, CNA Insurance Company, Indiana Insurance Company, Argonaut Insurance Company, and Kemper Insurance Company, Defendants.

Court of Appeals of Michigan.

Decided October 9, 1998, at 9:10 a.m.

Released for Publication January 8, 1999.

Attorney(s) appearing for the Case

Honigman Miller Schwartz & Cohn (by Jay E. Brant, Philip A. Grashoff, Jr., and Mark A. Goldsmith), Detroit, and Butler Durham & Willoughby (by Sidney D. Durham), Parchment, for the plaintiffs.

Miller, Canfield, Paddock & Stone (by Kevin J. Moody), Lansing, and Drinker Biddle & Reath, LLP (by T. Andrew Culbert and Paul H. Saint-Antoine), Philadelphia, PA, for the appellee and cross-appellant.

Before: CORRIGAN, C.J., and MICHAEL J. KELLY and MacKENZIE, JJ.

ON SECOND REMAND

MacKENZIE, J.

This declaratory judgment action arises from the refusal of defendant American Motorists Insurance Company (AMICO) to defend and indemnify plaintiffs (collectively referred to as Arco) for costs incurred in an action brought by the Department of Natural Resources (DNR) for remediation of contamination at the automotive parts manufacturing plant of Arco Industries Corporation. Following...

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