Cotter Corp. v. American Empire Surplus Lines Insurance Co.

This ease arose from a declaratory judgment action initiated by petitioner Cotter Corporation (“Cotter”), a uranium mill operator, against its insurance providers. Cotter seeks a determination that the various insurance policies issued by the respondent insurers required them to both defend Cotter in two tort actions and indemnify Cotter for resulting liability. In response, the insurers contend that the qualified pollution exclusion clauses contained in the policies precluded coverage. In Cotter Corp. v. American Empire Surplus Lines Insurance Co., the court of appeals affirmed the district…