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PILGRIM ENTERPRISES v. MARYLAND CAS. CO.

No. 01-97-01421-CV.

24 S.W.3d 488 (2000)

PILGRIM ENTERPRISES, INC.; Pilgrim Convenience, Inc.; R & G No. 1, Inc.; R & G No. 2, Inc.; R & G No. 3, Inc.; Pilgrim Laundry Company, Inc.; Pilgrim Equipment Co., Inc.; R.F.S., Inc. No. 8; R.F.S., Inc. No. 11; R.F.S., Inc. No. 17; S & R No. 2, Ltd.; and PLC No. 11 Joint Venture, Appellants, v. MARYLAND CASUALTY COMPANY, Appellee. Maryland Casualty Company, Appellant, v. Pilgrim Enterprises, Inc.; Pilgrim Convenience, Inc.; R & G No. 2, Inc.; R & G No. 3, Inc.; Pilgrim Laundry Company, Inc.; Pilgrim Equipment Co., Inc.; R.F.S., Inc. No. 8; R.F.S., Inc. No. 11; R.F.S., Inc. No. 17; S & R No. 2, Ltd.; and PLC No. 11 Joint Venture, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

June 22, 2000.

Attorney(s) appearing for the Case

Michael A. Pohl, Maria Teresa Arguindegui, Alice Oliver-Parrott, Houston, for Appellants.

D. Mitchell McFarland, James E. Essig, Houston, Dale Hausman, Washington, DC, Robert Barron Boemer, Houston, for Appellees.

Panel consists of Justices COHEN, NUCHIA, and DUGGAN.

OPINION

LEE DUGGAN, Jr., Justice (Retired).

The principal question in this appeal from a summary judgment is as follows: for purposes of coverage under an occurrence-based comprehensive general liability ("CGL") insurance policy, do personal injury and property damage from underground contamination "occur" under Texas law only when the harm is "discovered"? We answer in the negative.

Eleven plaintiffs filed seven suits1

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