United States Aviex Co. v. Travelers Insurance

Defendant appeals by right from a declaratory judgment ordering defendant to reimburse plaintiff for costs incurred in determining and correcting chemical contamination of percolating waters underneath plaintiff’s property. On appeal, defendant challenges the propriety of the declaratory relief and the decision by the trial court that defendant must reimburse the plaintiff.

Evidence at the hearing for declaratory judgment established that on November 25, 1978, a fire destroyed plaintiff’s chemical manufacturing facility in Niles, Michigan. Water used in putting out the fire caused toxic…