INTERSTATE POWER v. INA

No. 97-834.

603 N.W.2d 751 (1999)

INTERSTATE POWER COMPANY, Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Appellee.

Supreme Court of Iowa.

As Amended on Denial of Rehearing January 13, 2000.


Attorney(s) appearing for the Case

Richard W. Fields and Mark J. Plumer of Swidler & Berlin, Chartered, Washington, D.C., and John C. Hendricks of Stanley, Lande & Hunter, Davenport, for appellant.

Lawrence P. McLellan and Barbara A. Hering of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, and Paul R. Koepff, Rosemary B. Boller, and Ramon E. Reyes, Jr. of O'Melveny & Meyers LLP, New York, New York, for appellee Insurance Company of North America.

Mark McCormick of Belin Lamson McCormick Zumbach Flynn, Des Moines, and Lester O. Brown, Patricia A. Van Dyke, and Kenneth A. Remson of Jones, Day, Reavis & Pogue, Los Angeles, CA, for amicus curiae IES Utilities Company.

Laura A. Foggan, Joseph L. Ruby, and Andrew D. Tabachnik of Wiley Rein & Fielding, Washington, D.C., Fred M. Haskins, Des Moines, and William W. Graham of Law Offices of William W. Graham, Des Moines, for amici curiae Insurance Environmental Litigation Association and Iowa Insurance Institute.

Considered en banc.


CARTER, Justice.

Interstate Power Company (Interstate), the plaintiff in this declaratory judgment action, appeals from a summary judgment in favor of the defendant Insurance Company of North America (INA) with respect to Interstate's allegations that INA insured it against liability for environmental cleanup costs at several locations. After reviewing the record and considering the arguments presented, we affirm the judgment...

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