HELENA CHEMICAL v. ALLIANZ UNDERWRITERS

No. 25797.

357 S.C. 631 (2004)

594 S.E.2d 455

HELENA CHEMICAL COMPANY, Appellant, v. ALLIANZ UNDERWRITERS INSURANCE COMPANY, CIGNA Property and Casualty Insurance Company, Insurance Company of North America, Lexington Insurance Company, Lloyd's of London, Maryland Casualty Company, The Central National Insurance Company of Omaha, The Home Insurance Company, and United States Fire Insurance Company, Defendants, Of Whom Lexington Insurance Company, Lloyd's of London, and The Home Insurance Company are Respondents.

Supreme Court of South Carolina.

Decided March 22, 2004.


Attorney(s) appearing for the Case

William B. Harvey, III, of Harvey & Battey, P.A., of Beaufort; and Kim K. Burke, of Taft, Stettinius & Hollister LLP, of Cincinnati, OH, for Appellant.

A. Camden Lewis and Mary G. Lewis, both of Lewis, Babcock & Hawkins, L.L.P., of Columbia; Ellis B. Drew, III, of Wells Jenkins Lucan & Jenkins, of Winston-Salem, NC; Jay Russell Sever, of Phelps Dunbar, LLP, of New Orleans, LA; Michael P. Horger, of Horger & Horger, of Orangeburg; Richard Kuhl and Robert N. Kelly, both of Jackson & Campbell, P.C., of Washington, DC; and Thomas C. Salane, of Turner, Padget, Graham & Laney, of Columbia, for Respondents.

Andrea C. Pope, of Barnes, Alford, Stork & Johnson, L.L.P., of Columbia; Laura A. Foggan, John C. Yang, and Kimberly M. Hrabosky, all of Wiley Rein & Fielding, LLP, of Washington, DC, for Amicus Curiae Insurance Environmental Litigation Association.

William B. Harvey, III, of Harvey & Battey, P.A., of Beaufort; Howard T. Weir, III, of Morgan Lewis & Bockius LLP, of Washington, DC; John E. Failla and Seth D. Amera, both of Morgan Lewis & Bockius LLP, of New York, NY, for Amicus Curiae Federal Pacific Electric Company.


Chief Justice TOAL:

This is an insurance coverage case in which appellant Helena Chemical Company (Helena) seeks, among other things, indemnification from its various primary and excess insurers for environmental cleanup costs. The trial court granted summary judgment for the insurers, and Helena appeals. We affirm in part and reverse in part.

FACTUAL/PROCEDURAL BACKGROUND

Helena is in the business of formulating, distributing, and selling agricultural...

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