Legal Opinion

Dakhue Landfill, Inc. v. Employers Insurance of Wausau

Court of Appeals of Minnesota

Decided November 23, 1993No. C0-93-905PublishedCited by 14 opinions

1Opinion of the Court

OPINION

FORSBERG, Judge.

Appellant challenges the district court’s grant of summary judgment on its claim that its insurers must defend and indemnify it in proceedings for clean-up of groundwater contamination. We affirm.

FACTS

The Dakhue Landfill opened for business in late 1971. After testing in 1983 revealed groundwater contamination, the Minnesota Pollution Control Agency (MPCA) sued Dak-hue to compel clean-up of the contamination. Dakhue turned to its insurers for defense and indemnification of the MPCA claims. The insurers denied coverage, and Dakhue brought this declaratory judgment…

2Cases cited11 opinions

  1. Offerdahl v. University of Minnesota Hospitals & ClinicsSupreme Court of Minnesota · 1988
  2. Ray Industries, Inc., Cross-Appellant v. Liberty Mutual Insurance Company, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1992
  3. Lumbermens Mutual Casualty Co. v. Belleville Industries, Inc., Lumbermens Mutual Casualty Co. v. Belleville Industries, Inc.Court of Appeals for the First Circuit · 1991
  4. Liberty Mutual Insurance Company v. Triangle Industries, Incorporated, A/K/A Anc Holdings, Incorporated Triangle Pwc, Incorporated, & Third Party v. New Jersey Property-Liability Guaranty Association, on Behalf of Ideal Mutual Insurance Company, in Liquidation, Zurich-American Insurance Companies, 91-1685 Zurich Insurance Company, Third Party and Wausau Insurance Companies, Employers Insurance of Wausau, Third Party Westinghouse Electric Corporation, International Business MacHines Corporation, Olin Corporation, American Fiber Manufacturers Association, American Petroleum Institute, Chemical Manufacturers Association, Insurance Environmental Litigation Association, Amici CuriaeCourt of Appeals for the Third Circuit · 1992
  5. Fischer & Porter Co. v. Liberty Mutual InsuranceDistrict Court, E.D. Pennsylvania · 1986

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3Cited by14 opinions

  1. Aeroquip Corporation v. Aetna Casualty and Surety Company, Inc.Court of Appeals for the Ninth Circuit · 1994
  2. Quaker State Minit-Lube, Inc. v. Fireman's Fund InsuranceDistrict Court, D. Utah · 1994
  3. Cessna Aircraft Co. v. Hartford Accident & Indemnity Co.District Court, D. Kansas · 1995
  4. SCSC Corp. v. Allied Mutual Insurance Co.Court of Appeals of Minnesota · 1994
  5. SCSC Corp. v. Allied Mutual Insurance Co.Supreme Court of Minnesota · 1995

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