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MID-CONTINENT CAS. v. FIRST COAST ENERGY

No. 1D10-5740.

71 So.3d 899 (2011)

MID-CONTINENT CASUALTY COMPANY and Great American Insurance Company, Appellants, v. FIRST COAST ENERGY, L.L.P., and State of Florida, Department of Environmental Protection, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied October 17, 2011.

Attorney(s) appearing for the Case

John Catizone of Litchfield Cavo LLP, Fort Lauderdale, and Michael K. McCaffrey of Litchfield Cavo, Tampa, for Appellants.

George W. Hatch, III , and Robert D. Fingar of Guilday, Tucker, Schwartz & Simpson, Tallahassee, for Appellee First Coast Energy LLP.

Aliki Moncrief , Deputy General Counsel, Tallahassee, for Appellee State, Department of Environmental Protection.

PER CURIAM.

This action arises out of two Pollution Liability and Environmental Damage insurance policies issued by Mid-Continent Casualty Company (MCC) and Great American Insurance Company (GAIC). The policies were intended to provide coverage to First Coast Energy, L.L.P. (FCE), for clean-up costs and third-party liability associated with underground petroleum storage tanks (USTs) as required by law. See 42 U.S.C. § 6991b(d), 40 C.F.R. Part 280, §...

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