ALCOA v. AETNA CAS. & SUR. CO.

No. 67340-3.

998 P.2d 856 (2000)

140 Wash.2d 517

ALUMINUM COMPANY OF AMERICA; and Northwest Alloys, Inc., Appellants, v. AETNA CASUALTY & SURETY COMPANY; Aiu Insurance Company; Allianz Underwriters Insurance Company (formerly known as Allianz Underwriters, Inc.); Allianz Versicherungs-Aktiengesellschaft; Allstate Insurance Company(as successor-in-interest to Northbrook Excess and Surplus Insurance Company which was formerly known as Northbrook Insurance Company); Birmingham Fire Insurance Company of Pennsylvania; Columbia Casualty Company; Commercial Union Insurance Company; Continental Casualty Company; Continental Insurance Company; Employers Insurance of Wausau, a mutual company; Employers Mutual Casualty Company; European General Reinsurance Company of Zurich; Executive Re Indemnity Inc. (formerly known as Eric Reinsurance Company, which was formerly known as American Excess Insurance Company); Federal Insurance Company; Fireman's Fund Insurance Company; First State Insurance Company; Gerling-Konzern Allegemeine Versicherungsaktiengesellschaft; Granite State Insurance Company; Greenwich Insurance Company (formerly known as Harbor Insurance Company); Hartford Accident & Indemnity Company; Highlands Insurance Company; Imperial Casualty & Indemnity Company; International Insurance Company; Lexington Insurance Company; National Casualty Company; National Union Fire Insurance Company of Pittsburgh, Pa; New England Insurance Company; Old Republic Insurance Company; Protective National Insurance Company of Omaha; Ranger Insurance Company; Royal Indemnity Company; Royale Belge S.A.; Three Rivers Insurance Company (in its own right and as successor of Domrisk, Ltd.); Twin City Fire Insurance Company; United Insurance Company; United States Fire Insurance Company; Zurich American Insurance Company of Illinois, Respondents.

Supreme Court of Washington.

Decided May 4, 2000.


Attorney(s) appearing for the Case

Smith & Leary, John James Leary, Jr., Terrence Lee Fredrickson, Seattle, Amicus Curiae on behalf of Current London First Party Insurer.

Heller, Ehrman, White & McAuliffe, Leonard J. Feldman, Seattle, for Appellants.

Peery, Hiscock, Pierson, Kingman & Peabody, Dale Lawrence Kingman, Arlen Rumsey, Seattle for Respondents.


TALMADGE, J.

We are asked in this case to apply the law of Pennsylvania to resolve disputes between the Aluminum Company of America, its subsidiary Northwest Alloys, Inc. (Alcoa), and 167 insurers regarding insurance coverage for environmental damage under comprehensive general liability (CGL) policies and property insurance policies called differences in conditions (DIC) policies. We accepted direct interlocutory review...

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