REYNOLDS METAL COMPANY, Appellant,
v.
AETNA CASUALTY & SURETY COMPANY et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
October 21, 1999.
October 21, 1999.
Attorney(s) appearing for the Case
Proskauer Rose, L. L. P., New York City (Stephen Rackow Kaye and John H. Gross of counsel), and Anderson, Kill & Olick, P. C., for appellant.
Felt, Evans, Panzone, Bobrow & Hallak, L. L. P., Clinton (Bert W. Rein of Wiley, Rein & Fielding, Washington, D.C., of counsel), for Aetna Casualty & Surety Company, respondent.
Cozen & O'Connor, New York City (Peter M. Papasavas of counsel), for American Home Assurance Company, respondent.
O'Connor, O'Connor, Mayberger & First, P. C., Albany (Dianne Bresee Mayberger of counsel), for Continental Insurance Company and another, respondents.
Zelle & Larson, Waltham, Massachusetts (William Gerald McElroy, Jr., of counsel), for Employers Insurance of Wausau, respondent.
Saxer, Anderson, Wolinsky & Sunshine, P. C., Burlington, Vermont (Gordon C. Gebauer of counsel), for Federal Insurance Company, respondent.
Melito & Adolfsen, P. C., New York City (Louis G. Adolfsen of counsel), for Hartford Accident and Indemnity Company and another, respondents.
Hiscock & Barclay, L. L. P., Syracuse (Alan R. Peterman of counsel), for Home Insurance Company, respondent.
O'Melveny & Myers, New York City (Rosemary E. Boiler of counsel), for Insurance Company of North America, respondent.
Mendes & Mount, New York City (Mary Ann D'Amato of counsel), for Certain Underwriters at Lloyd's, London & London Market Insurance Companies and another, respondents.
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P. C., Boston, Massachusetts (Kim V. Marrkand of counsel), and Fischer, Bessette & Muldowney, Malone, for Liberty Mutual Insurance Company, respondent.
Tressler, Soderstrom, Maloney & Priess, Newark, New Jersey (Albert C. Hilber of counsel), for Lumbermans' Mutual Casualty Company, respondent.
MERCURE, PETERS, SPAIN and CARPINELLO, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Third Department.
OPINION OF THE COURT
CARDONA, P. J.
In May 1995, plaintiff, the operator of an aluminum reduction plant located in the Town of Massena, St. Lawrence County (hereinafter the Massena site), commenced this declaratory judgment action against defendants, the issuers of numerous primary and excess liability insurance contracts covering the period 1959 to 1986, seeking coverage for three "environmental actions" brought by the State Department of Environmental...
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