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ALLSTATE INS. CO. v. DANA CORP.

No. 49S02-0105-CV-231.

759 N.E.2d 1049 (2001)

ALLSTATE INSURANCE COMPANY, solely as successor-in-interest to Northbrook Excess & Surplus Insurance Company, f/k/a Northbrook Insurance Company, Appellant (Defendant Below), v. DANA CORPORATION, Appellee (Plaintiff Below).

Supreme Court of Indiana.

December 20, 2001.

Attorney(s) appearing for the Case

Max Gray, Indianapolis, Stephen D. Cuyler, Thomas J. Castano, Parsippany, NJ, Robert F. Walsh, Susan M. Chesler, New York, NY, Steven Lovern, Indianapolis, for Appellant.

Steven M. Badger, Insurance Environmental Litigation Association, Indianapolis, Laura A. Foggan, Karalee C. Morell, Insurance Environmental Litigation Association, Washington, D.C., for Amicus Curiae.

George M. Plews, Frederick D. Emhardt, Indianapolis, for Appellee.

Frank J. Deveau, Donald C. Biggs, Julia E. Dimick, Indiana Petroleum Marketers and Convenience Stores Association, Inc., Indiana Manufacturers Association, National Solid Wastes Management Association, Indianapolis, for Amici Curiae.

ON PETITION FOR TRANSFER

BOEHM, Justice.

This consolidated appeal addresses a number of issues of insurance coverage for environmental cleanup liabilities.

Factual and Procedural Background

Dana Corporation is a manufacturer of automotive components. Sixty-three of its facilities, located in nineteen states, have become the subject of governmental or third-party actions resulting in substantial...

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