POWERINE OIL CO., INC. v. SUPERIOR COURT

No. S113295.

33 Cal.Rptr.3d 562 (2005)

37 Cal.4th 377

118 P.3d 589

POWERINE OIL COMPANY, INC., Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent, Central National Insurance Company of Omaha et al., Real Parties in Interest.

Supreme Court of California

August 29, 2005.


Attorney(s) appearing for the Case

Heller, Ehrman, White & McAuliffe, David B. Goodwin, Esta L. Brand, San Francisco; Isola Bowers, David R. Isola and Aaron R. Bowers, Lodi, for Petitioner.

Weston, Benshoof, Rochefort, Rubalcava & MacCuish and Richard Giller, Los Angeles, for United Policyholders as Amicus Curiae on behalf of Petitioner.

Morgan, Lewis & Bockius, Michel Y. Horton, David S. Cox, Los Angeles, and Andrea C. Okura, for ITT Industries, Inc., as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

O'Melveny & Myers, Richard B. Goetz, Martin S. Checov, Carlos E. Needham, Eric Y. Kizirian, Los Angeles; Berman & Aiwasian, Los Angeles, and Ray Tamaddon, for Real Party in Interest Central National Insurance Company of Omaha.

Hancock Rothert & Bunshoft, William J. Baron, Kathryn C. Ashton, San Francisco, and Patrick A. Cathcart, Los Angeles, for London Market Insurers as Amicus Curiae on behalf of Real Party in Interest Central National Insurance Company of Omaha.

Wiley, Rein & Fielding, Laura A. Foggan, John C. Yang, Paul J. Haase, Los Angeles; Sinnott, Dito, Moura & Puebla, Randolph P. Sinnott and John J. Moura, Los Angeles, for Complex Insurance Claims Litigation Association as Amicus Curiae on behalf of Real Party in Interest Central National Insurance Company of Omaha.

No appearance for Real Parties in Interest Century Indemnity Company, ACE Property and Casualty Company and Pacific Employers Insurance Company.


BAXTER, J.

INTRODUCTION

Powerine Oil Company (Powerine), a now defunct oil refinery, faces liability for certain governmentally imposed cleanup and abatement orders requiring it to remediate soil and groundwater pollution resulting from its past refinery operations at various locations. In Certain Underwriters at Lloyd's of London v. Superior Court (Powerine Oil Company) (2001) 24...

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