Wausau Insurance v. Valspar Corp.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge.

This action arose when plaintiff Wausau Insurance Company (“Wausau”) was informed of three lawsuits filed against defendant Valspar Corporation (“Valspar”) in Illinois state courts alleging injuries resulting from the contamination of well water with chemical wastes stored by Valspar on property adjacent to the state court plaintiffs’ property. Wausau has filed a declaratory suit to determine its rights and liabilities under the policies issued to Valspar. 1 Presently before this Court are cross-motions for partial summary judgment on Counts…