VULCAN MATERIALS CO. v. AIGA

1060506.

985 So.2d 376 (2007)

VULCAN MATERIALS COMPANY v. ALABAMA INSURANCE GUARANTY ASSOCIATION et al.

Supreme Court of Alabama.

Rehearing Denied November 9, 2007.


Attorney(s) appearing for the Case

Matthew H. Lembke, David G. Hymer, and Ethan T. Tidmore of Bradley Arant Rose & White, LLP, Birmingham, for appellant.

Fournier J. Gale III, William B. Wahlheim, Jr., and Grace R. Murphy of Maynard, Cooper & Gale, P.C., Birmingham; and Michael W. Ellison of Smith Ellison, Irvine, California, for appellees First State Insurance Company and Nutmeg Insurance Company.

Andrew J. Sinor, Jr., and Stephen N. Fitts III of Hand Arendall, LLC, Birmingham, for appellees Affiliated FM Insurance Company and XL Insurance America, Inc.

Matthew S. Ponzi of Foran Glennon Palandech & Ponzi, PC, Chicago, Illinois, for appellee XL Insurance America, Inc.

Christopher S. Berdy of Sirote & Permutt, Birmingham, for appellee Allianz Underwriters Insurance Company.

M. Christian King, Lana K. Alcorn, and Wesley B. Gilchrist of Lightfoot, Franklin & White, L.L.C., Birmingham, for appellees American Home Assurance Company, Granite State Insurance Company, Lexington Insurance Company, and National Union Fire Insurance Company of Pittsburgh, Pennsylvania.

Connie Ray Stockham of Stockham, Carroll & Smith, P.C., Birmingham, for appellee American Re-Insurance Company, now know as Munich Re America.

Leslie A. Caldwell of Lusk, Lusk, Dowdy & Caldwell, Birmingham, for appellee Atlanta International Insurance Company.

Reed R. Bates and Stephen W. Still, Jr., of Starnes & Atchison, Birmingham, for appellees Century Indemnity Company, as sucessor to CIGNA Specialty Insurance Company (f/k/a California Union Insurance Company) and as successor to CCI Insurance Company, as successor to the Insurance Company of North America; Pacific Employers Insurance Company; and United States Fire Insurance Company.

James A. Harris, Jr., and James A. Harris III of Harris & Harris, LLP, Birmingham, for appellee Employers Insurance of Wausau.

John W. Dodson and S. Lisa Frost of Ferguson, Frost & Dodson, LLP, Birmingham; and Walter Lipsman and Beth Kahn of Morris, Polich & Purdy, LLP, Los Angeles, California, for appellee Fairmont Specialty Insurance Company, formerly known as Ranger Insurance Company.

Mark M. Hogewood of Wallace, Jordan, Ratliff & Brandt, LLC, Birmingham, for appellees Federal Insurance Company and Pacific Indemnity Company.

Sharon D. Stuart of Christian & Small, LLP, Birmingham, for appellee Fireman's Fund Insurance Company.

Jack Owen of Ball, Ball, Matthews & Novak, P.A., Montgomery, for appellee North Star Reinsurance Corporation.

Ed R. Haden, Alan T. Rogers, and Christopher L. Yeilding of Balch & Bingham, LLP, Birmingham, for appellee Stonewall Insurance Company.

LaBella S. Alvis, Deborah Alley Smith, and John W. Johnson II of Christian & Small, LLP, Birmingham; and Ray L. Wong of Duane Morris, LLP, San Francisco, California, for appellee Transport Insurance Company.

Ezra B. "Tim" Perry, Jr., of Dominick, Fletcher, Yeilding, Wood & Lloyd, P.A., Birmingham, for appellee Unigard Indemnity Company.

W. Dudley Motlow, Jr., and Edward W. Payne of Porterfield, Harper, Mills & Motlow, Birmingham, for appellee United National Insurance Company.

Vernon L. Wells III and Karon S. Staples of Walston, Wells & Birchall, LLP, Birmingham, for appellee Zurich International (Bermuda) Ltd.


SEE, Justice.

Facts and Procedural History

At one time, Vulcan Materials Company manufactured and sold perchloroethylene (sometimes referred to as "perc"), a chemical used in the dry-cleaning process. In 1998, two municipal entities in California, the City of Modesto and the City of Modesto Redevelopment Agency, filed separate actions against Vulcan in state court in San Francisco, California, alleging that Vulcan was responsible for groundwater contamination...

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