Legal Opinion

Higgins Industries, Inc. v. Fireman's Fund Insurance

District Court, E.D. Michigan

Decided August 3, 1989No. 1:87-cv-10406PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

NEWBLATT, District Judge.

Before the Court are the parties’ cross motions for summary judgment on the issue of the insurers’ duty to defend. Plaintiff’s motion is GRANTED and defendants’ motions are DENIED.

This is a declaratory judgment action to determine the parties’ rights and obligations pursuant to various comprehensive general liability insurance contracts. Plaintiff Higgins Industries is a manufacturer of copper and brass tubing. It has used tri-and tetrachloroethene (“TCE”) de-greaser solvents in its manufacturing operations for about 30 years, having…

2Cases cited17 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Grantham and Mann, Inc., D/B/A Grantham Safety Industries, Inc. v. American Safety Products, Inc., Sam Evans, Richard J. Althoff and James HunnekeCourt of Appeals for the Sixth Circuit · 1987
  3. United States Fidelity and Guaranty Company v. Star Fire Coals, Inc.Court of Appeals for the Sixth Circuit · 1988
  4. United States Aviex Co. v. Travelers InsuranceMichigan Court of Appeals · 1983
  5. Fireman's Fund Ins. Companies v. Ex-Cell-O Corp.District Court, E.D. Michigan · 1988

12 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Maury A. Ryan, D/B/A Ryan, Klimek, Ryan Partnership v. Royal Insurance Company of America, Etc.Court of Appeals for the First Circuit · 1990
  2. A.Y. McDonald Industries, Inc. v. Insurance Co. of North AmericaSupreme Court of Iowa · 1991
  3. City of Edgerton v. General Casualty Co. of WisconsinCourt of Appeals of Wisconsin · 1992
  4. Quaker State Minit-Lube, Inc. v. Fireman's Fund InsuranceDistrict Court, D. Utah · 1994
  5. Fireman's Fund Ins. Companies v. Ex-Cell-O Corp.District Court, E.D. Michigan · 1992

11 more not listed; retrieve them via the Exa API.

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