Public Service Co. of Colorado v. Wallis & Companies

In this case involving liability insurance coverage for environmental pollution, we address several distinct issues concerning the pollution exclusion clause and the allocation of liability among numerous consecutive policies.

A jury found that the insurer, Wallis and Companies (Wallis), was required to indemnify its insured, Public Service Company of Colorado (PSC), for several million dollars in costs that PSC incurred by cleaning up environmental pollution at two sites: the Barter Yard and the Lowry Landfill. Ruling that the trial court had erroneously instructed the jury that Wallis had…