COTTER CORPORATION, Plaintiff-Appellant,
v.
AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY, Great American Insurance Company, American National Fire Insurance Company, American Employers' Insurance Company, Lexington Insurance Company, Granite State Insurance Company, and First State Insurance Company, Defendants-Appellees.
Colorado Court of Appeals, Div. II.https://leagle.com/images/logo.png
August 29, 2002.
Certiorari Granted March 3, 2003.
Attorney(s) appearing for the Case
Moye, Giles, O'Keefe, Vermeire & Gorrell, LLP, John L. Watson, Leonard H. MacPhee, Denver, Colorado, for Plaintiff-Appellant.
Faegre & Benson, LLP, Robert L. Matthews, Boulder, Colorado; Lord, Bissell & Brook, A. Kelly Turner, Sarah H. Dearing, Chicago, Illinois, for Defendant-Appellee American Empire Surplus Lines Insurance Company.
McGloin, Davenport, Severson and Snow, Michael M. McGloin, Denver, Colorado, for Defendants-Appellees Great American Insurance Company and American National Fire Insurance Company.
Markusson, Green & Jarvis, P.C., H. Keith Jarvis, Kirstin G. Lindberg, Denver, Colorado, for Defendant-Appellee American Employers' Insurance Company.
Wood, Ris & Hames, P.C., Clayton B. Russell, Denver, Colorado; Sinnott Dito Moura & Puebla, P.C., J. Karren Baker, San Francisco, California, for Defendants-Appellees Lexington Insurance Company and Granite State Insurance Company.
Hogan & Hartson, L.L.P., Charles T. Mitchell, Denver, Colorado, George W. Mayo, Jr., Washington, D.C., for Defendant-Appellee First State Insurance Company.
Powers Phillips, P.C., Joanne M. Zboyan, Denver, Colorado, for Amicus Curiae Complex Insurance Claims Litigation Association.
Colorado Court of Appeals, Div. II.
Opinion by Judge TAUBMAN.
In this declaratory judgment action, plaintiff, Cotter Corporation, appeals various summary judgments entered against it and in favor of defendants, seven insurance companies, on the basis that three different pollution exclusion clauses in their policies excluded coverage for claims brought by subdivision residents who allegedly were harmed by pollution from Cotter's uranium mill. Because we conclude that the policies issued by the seven...
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