Public Service Co. of Colorado v. Wallis

Opinion by

Chief Judge STERNBERG.

Public Service Company of Colorado (PSC) sued Wallis and Companies (Wallis), representatives of certain underwriters at Lloyd’s, London, and of other London market insurance companies, for the costs of environmental cleanup activities resulting from PSC’s contamination of three sites. PSC prevailed in whole or in part on claims relating to two sites; Wallis on one. Both parties appeal. We affirm in part, reverse in part, and remand for a new trial.

The Barter Yard

Barter Machinery & Supply Company was in the scrap metal business. From the late 1940’s to 1985, PSC…