DUTTON-LAINSON CO. v. CONTINENTAL INS. CO.

No. S-04-1223.

716 N.W.2d 87 (2006)

271 Neb. 810

DUTTON-LAINSON COMPANY, a Nebraska corporation, appellant and cross-appellee, v. The CONTINENTAL INSURANCE COMPANY, a corporation, and United States Fidelity and Guaranty Company, a corporation, appellees, and Northern Insurance Company of New York, a corporation, and Empire Fire and Marine Insurance Company, a Nebraska corporation, appellees and cross-appellants.

Supreme Court of Nebraska.

June 23, 2006.


Attorney(s) appearing for the Case

James W.R. Brown, Thomas R. Brown, and Steven J. Olson, of Brown & Brown, P.C., L.L.O., for appellant.

Thomas J. Culhane and John B. Morrow, of Erickson & Sederstrom, P.C., and Peter B. Kupelian, of Kupelian, Ormond & Magy, P.C., for appellees Northern Insurance Company of New York and Empire Fire and Marine Insurance Company.

Robert S. Keith and Kellie R. Harry, of Engles, Ketcham, Olson & Keith, P.C., and Eileen King Bower and Julie L. Burgener, of Ross, Dixon & Bell, L.L.P., for appellee The Continental Insurance Company.

Stephen L. Ahl, of Wolfe, Snowden, Hurd, Luers & Ahl, and Frank Winston and John R. Casciano, of Steptoe & Johnson, L.L.P., for appellee United States Fidelity and Guaranty Company.

Randall L. Goyette, of Baylor, Evnen, Curtiss, Grimit & Witt, and, of Counsel, Laura A. Foggan, John C. Yang, and Mariela Olivares, of Wiley, Rein & Fielding, L.L.P., for amicus curiae Complex Insurance Claims Litigation Association.

HENDRY, C.J., WRIGHT, GERRARD, McCORMACK, and MILLER-LERMAN, JJ.


McCORMACK, J.

I. NATURE OF CASE

The plaintiff, Dutton-Lainson Company (Dutton), incurred costs and expenses relating to the cleanup of environmental damage as demanded by the U.S. Environmental Protection Agency (EPA). In this action, Dutton is suing several of its liability insurers for indemnification of those costs and expenses. Summary judgment was granted in favor of the insurers, and Dutton appeals.

II. STATEMENT OF FACTS

Dutton is...

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