OVERTON v. CONSOLIDATED INS. CO.

No. 18681-4-III.

6 P.3d 1178 (2000)

101 Wash.App. 651

Jerry OVERTON f/d/b/a Spokane Transformer Company; and Richard Boyce, Appellants, v. CONSOLIDATED INSURANCE COMPANY, an Indiana corporation; and Industrial Indemnity Insurance Company of the Northwest, a Washington corporation, Respondents.

Court of Appeals of Washington, Division 3, Panel One.

August 1, 2000.


Attorney(s) appearing for the Case

R. Max Etter Jr., Witherspoon, Kelley, Davenport & Toole, Spokane, Michael R. Wrenn, Robert D. Leinbach, Heller Ehrman, White & McAuliffe, Seattle, for Appellants.

Russell C. Love, David M. Jacobi, Wilson, Smith, Cochran & Dickerson, Seattle, for Respondents.


SWEENEY, J.

We are again presented with the question of whether placement of a pollutant (here PCBs) falls within the comprehensive general liability policy definition of an "occurrence."

Insurance coverage for property damage secondary to pollutants depends on whether the insured expected or intended the damage. In 1976, the Department of Ecology (Ecology) informed the owners of Spokane Transformer Company of the...

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