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PUBLIC SERVICE CO. v. WALLIS AND COMPANIES

No. 97SC792.

986 P.2d 924 (1999)

PUBLIC SERVICE COMPANY OF COLORADO, Petitioner/Cross-Respondent, v. WALLIS AND COMPANIES, Respondent/Cross-Petitioner.

Supreme Court of Colorado. En Banc.

Rehearing Denied November 1, 1999.

Attorney(s) appearing for the Case

Slivka, Robinson, Waters & O'Dorisio, P.C., Richard P. Slivka, Margaret M. McClellan, Susan R. Pierson, Denver, Colorado Attorneys for Petitioner/Cross-Respondent.

William H. ReMine, P.C, William H. ReMine, Denver, Colorado, Overton & Feeley, P.C., Robert W. Smith, Denver, Colorado, Hancock, Rothert & Bunshoft LLP, William J. Baron, San Francisco, California [Continued] Hancock, Rothert & Bunshoft, LLP, Laura A. Pace, Los Angeles, California Attorneys for Respondent/Cross-Petitioner.

Inman Flynn & Biesterfeld, P.C., Joel A. Moritz, Richard P. Brentlinger, Michael J. Glade, Robert J. Thomas, Denver, Colorado, Geoffrey T. Wilson, Denver, Colorado, Attorneys for Amicus Curiae Colorado Municipal League.

Steven E. Napper, Denver, Colorado, James P. Gatlin, Omaha, Nebraska, Jenner & Block, Richard J. Gray, Brent D. Stratton, Melissa C. Brown, Paul Walker-Bright, Chicago, Illinois, Attorneys for Amicus Curiae Union Pacific Railroad Company as Successor-in-Interest to The Denver and Rio Grande Western Railroad Company.

Roberts & Zboyan, P.C., JoAnne M. Zboyan, Denver, Colorado, Attorneys for Amicus Curiae Insurance Environmental Litigation Association.

Justice BENDER delivered the Opinion of the Court.

In this case involving liability insurance coverage for environmental pollution, we address several distinct issues concerning the pollution exclusion clause and the allocation of liability among numerous consecutive policies.

A jury found that the insurer, Wallis and Companies (Wallis), was required to indemnify its insured, Public Service Company of Colorado (PSC), for several million dollars in costs that...

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