Bituminous Casualty Corp. v. Tonka Corp.

LOKEN, Circuit Judge.

Tonka Corporation (“Tonka”) appeals the district court’s1 grant of summary judgment declaring that Bituminous Casualty Corporation and several other insurance companies (collectively, “the Insurers”) have no duty to defend or indemnify Tonka for its costs incurred in a proceeding initiated by the Minnesota Pollution Control Agency (“MPCA”) to remedy groundwater contamination at Tonka’s facility in Mound, Minnesota. The district court held that this contamination is not the result of an “occurrence” within the meaning of the Insurers’ comprehensive general liability…