Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

STEUBEN CONTR., INC. v. EMPLOYERS INS. OF WAUSAU

September 3, 1997

STEUBEN CONTRACTING, INC., Plaintiff,
v.
EMPLOYERS INSURANCE OF WAUSAU, a Mutual Company, being a wholly owned subsidiary of Wausau Insurance Companies/Nationwide Insurance Enterprise, Defendant.



The opinion of the court was delivered by: LARIMER

 Plaintiff, Steuben Contracting, Inc. ("Steuben"), commenced this action in New York State Supreme Court, Steuben County, on November 19, 1996. Defendant, Employers Insurance of Wausau ("Wausau"), removed the action to this court on December 23, 1996 under 28 U.S.C. § 1441, based on diversity of citizenship. Wausau has moved for summary judgment. *fn1"

 Steuben has obtained from Wausau several liability insurance policies ("the policies") for a property located on State Route 352 in Big Flats, New York. On February 28, 1996, Steuben commenced a lawsuit in state court against four defendants, alleging that the defendants had contaminated the property by dumping petroleum on the property.

 Three of the defendants in that action brought counterclaims against Steuben. The counterclaims sought contribution or indemnification from Steuben, based on allegations that Steuben was the owner of a pipeline spur that was the source of the petroleum.

 Steuben requested Wausau to defend Steuben against the counterclaims. Wausau declined coverage, based on pollution exclusion clauses in the policies. While the language of these clauses varies slightly from one policy to another, they are substantially similar to the following:

 This insurance does not apply to:

 * * *

 
"Bodily injury" or "property damage" arising out of the actual, alleged, or threatened discharge, dispersal, seepage, migration, release or escape of pollutants:
 
(a) At or from any premises, site or location which is or was at any time, owned or occupied by or rented or loaned to, any insured ...
 
* * *
 
Pollutants means any solid, liquid, gaseous, or thermal irritant or contaminant; including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste.

 Mary E. Wendorff Aff. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.