EMPLOYERS INSURANCE OF WAUSAU v. McGRAW-EDISON COMPANY

Case No. 4:86-CV-48.

EMPLOYERS INSURANCE OF WAUSAU, Plaintiff/Counter-Defendant, v. McGRAW-EDISON COMPANY, Defendant/Counter-Plaintiff, and UNITED STATES FIRE INSURANCE COMPANY, et al., Additional Counter-Defendants.

United States District Court, W.D. Michigan, Southern Division.

January 27, 2016.


Attorney(s) appearing for the Case

Employers Insurance of Wausau, plaintiff, represented by Gregory G. Prasher , Prasher Law Group.

McGraw-Edison Co, a Delaware Corporation, defendant, represented by J. Spencer Dreischarf.

McGraw-Edison Co, a Delaware Corporation, defendant, represented by Jack W. Montgomery, III, Alder, Cohen & Grigsby.

Commercial Union Insurance Company, defendant, represented by Clinton E. Cameron , Troutman Sanders LLP.

Cooper Industries, LLC, respondent, represented by Michael H. Ginsberg , Jones Day & Robert D. VanderLaan , VanderLaan & Associates PC.

New England Insurance Corporation, cross-defendant, represented by James D. VandeWyngearde , Pepper Hamilton LLP.

New England Insurance Corporation, a Massachusetts corporation, cross-defendant, represented by Stephen Jacobs, Melito & Adolfsen, PC.

Insurance Company of North America, a Pennsylvania Corporation, cross-defendant, represented by Margaret J. Arbon, Clausen, Miller, Gorman, Caffrey, et al.

Commercial Union Insurance Company, counter-claimant, represented by Clinton E. Cameron , Troutman Sanders LLP.

Employers Insurance of Wausau, counter-defendant, represented by John Charles Candela , Law Office of John C. Candela.

Commercial Union Insurance Company, cross-claimant, represented by Clinton E. Cameron , Troutman Sanders LLP.

Commercial Union Insurance Company, counter-defendant, represented by Clinton E. Cameron , Troutman Sanders LLP.

Commercial Union Insurance Company, cross-defendant, represented by Clinton E. Cameron , Troutman Sanders LLP.

United States Fire Insurance Company, cross-defendant, represented by Brian C. Coffey , Cohn Baughman & Martin & David Bloss , Bloss Betz.

First State Insurance Company, a Delaware Corp., cross-defendant, represented by Amy Gallent, Melito & Adolfsen, PC.

First State Insurance Company, a Delaware Corp., cross-defendant, represented by Claudia Babiarz, New World Systems Corp.

First State Insurance Company, cross-defendant, represented by James D. VandeWyngearde , Pepper Hamilton LLP.

First State Insurance Company, a Delaware Corp., cross-defendant, represented by Stephen Jacobs, Melito & Adolfsen, PC.

Lexington Insurance Company, cross-defendant, represented by Olivia M. Paglia , Plunkett Cooney & Charles W. Browning , Plunkett Cooney.

American Employers Insurance Company, cross-defendant, represented by Clinton E. Cameron , Troutman Sanders LLP.

American Home Assurance Company, cross-defendant, represented by Olivia M. Paglia , Plunkett Cooney & Charles W. Browning , Plunkett Cooney.

Northbrook Excess & Surplus Insurance Company, an IL Corporation, cross-defendant, represented by Dowd & Dowd Ltd.

Northbrook Excess & Surplus Insurance Company, cross-defendant, represented by James R. Piggush , Denenberg, Tuffley, Bocan, Jamieson, et al & Timothy Lee Taylor .

Home Insurance Company, cross-defendant, represented by Robert S. Cubbin, Plunkett & Cooney, PC.

National Union Fire Insurance Company of Pittsburgh, PA, cross-defendant, represented by Charles W. Browning , Plunkett Cooney.

Granite State Insurance Company, cross-defendant, represented by Charles W. Browning , Plunkett Cooney.

Falcon Insurance Co, cross-defendant, represented by Clinton E. Cameron , Troutman Sanders LLP.

Columbia Casualty Co, cross-defendant, represented by Clinton E. Cameron , Troutman Sanders LLP.


OPINION

INTRODUCTION

Wausau filed this insurance coverage action in 1986. The action ultimately involved 75 insurance policies issued by multiple insurance companies, and multiple contaminated industrial sites once owned and operated by McGraw-Edison Company. In December...

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