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WEYERHAEUSER CO. v. COMMERCIAL UNION INS.

No. 67694-1.

15 P.3d 115 (2000)

142 Wash.2d 654

WEYERHAEUSER COMPANY, Respondent/Cross-Appellant, v. COMMERCIAL UNION INSURANCE COMPANY, Appellant/Cross-Respondent.

Supreme Court of Washington, En Banc.

Decided December 21, 2000.

As Amended January 16, 2001.

Attorney(s) appearing for the Case

Cusack & Knowles, Kenneth James Cusack, William Frank Knowles, Barney Jay Mason, Seattle; Johns, Monroe, Mitsunaga, Robert D. Johns, Bellevue; Reed, McClure, Greg Montgomery, Mary R. DeYoung, Seattle, for Appellant.

Gordon, Murray, Tilden, Charles Cooper Gordon, Jeffrey Iver Tilden, Jeffrey M. Thomas, Seattle; Gabriel F. Gedvila, Federal Way; Eugene R. Anderson, Robert M. Horkovich, William G. Passannante, Anderson Kill & Olick, P.C., New York, New York, Counsel for Respondent.

Davis, Wright, Tremaine, Thomas Stephens James, Jr., Seattle, Amicus Curiae on Behalf of Insurance Environmental Litigation.

Mills, Meyers, Swartling, David MartinSchoeggl; Lane, Powell, Spears, Lubersky, Cathy Ann Spicer, D. Joseph Hurson, Seattle, Amicus Curiae on Behalf of Certain Underwriters at Lloyd's.

SANDERS, J.

Massive costs associated with hazardous waste cleanup prompt this litigation between insured and insurer to allocate financial responsibility pursuant to the terms and conditions of an insurance contract. The trial court resolved most claims on summary judgment, the remainder at trial. Neither party is satisfied. Commercial Union Insurance Co. (CU) appeals and Weyerhaeuser cross-appeals the resulting final judgment...

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