SCHNITZER INVESTMENT CORP., an Oregon corporation, Appellant-Cross-Respondent,
v.
CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON and Certain London Market Insurance Companies, Respondents-Cross-Appellants, and
Insurance Company of the State of Pennsylvania, Transportation Insurance Company, Continental Casualty Company, Insurance Company of North America, and Phoenix Insurance Company, Respondents.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted May 24, 2004.
Decided January 26, 2005.
Attorney(s) appearing for the Case
Charles F. Hinkle, Portland, argued the cause for appellant-cross-respondent. With him on the opening brief were Joan P. Snyder and Stoel Rives LLP. With them on the reply brief was Ryan W. Bounds.
Paul J. Killion, San Francisco, argued the cause for respondents-cross-appellants. With him on the briefs were Michael A. Gevertz, Edward J. Tafe, and Hancock Rothert & Bunshoft LLP, San Francisco, and I. Franklin Hunsaker and Bullivant Houser Bailey PC, Portland.
Helen A. Boyer, Seattle, argued the cause for respondent Insurance Company of the State of Pennsylvania. With her on the briefs were Curt H. Feig, Thomas M. Jones, and Cozen O'Connor, Seattle.
David E. Prange, Portland, argued the cause for respondents Transportation Insurance Company and Continental Casualty Company. With him on the brief were Marjorie A. Speirs, Redmond, Janet M. Schroer, and Hoffman, Hart & Wagner, LLP, Portland. With him on the supplemental response brief was Abbott & Prange, P.C., Portland.
R. Lind Stapley, Seattle, argued the cause for respondent Insurance Company of North America. With him on the joint brief were Soha & Lang, Seattle, and Peter R. Chamberlain, Richard A. Lee, and Bodyfelt Mount Stroup & Chamberlain LLP, Portland.
Timothy R. Volpert, Everett W. Jack, Jr., and Davis Wright Tremaine LLP, Portland, filed the briefs for respondent Phoenix Insurance Company.
William H. Walters and Miller Nash LLP, Portland, and Edward J. Stein and Anderson Kill & Olick, P.C., New York, filed the brief amicus curiae for ZRZ Realty Company, Zidell Remediation Funding Trust, Zidell Marine Corporation, Tube Forgings of America, Inc., and Pon Exploration, Inc.
Gregory L. Baird, Diane L. Poslcer, and Gordon & Polscer, LLP, Portland, and Laura A. Foggan, John C. Yang, Thomas S. Garrett, and Wiley Rein & Fielding LLP, Washington, DC, filed the brief amicus curiae for Complex Insurance Claims Litigation Association.
Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Erika L. Hadlock, Assistant Solicitor General, filed the brief amicus curiae for State of Oregon.
Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.
Court of Appeals of Oregon.
EDMONDS, P.J.
Plaintiff Schnitzer Investment Corporation owns land in Portland on which it, its predecessors, and previous owners conducted a variety of industrial activities over many decades, resulting in contamination of the land. The Department of Environmental Quality (DEQ) required plaintiff to remedy the contamination at significant expense to plaintiff.1 Defendants are insurance companies that issued policies to plaintiff and its...
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