Monsanto Co. v. C.E. Heath Compensation & Liability Insurance

HOLLAND, Justice:

This is an interlocutory appeal from a declaratory judgment action in the Superior Court. The plaintiff-appellant, Monsanto Company (“Monsanto”), seeks a declaration of judgment that it has coverage from several insurers for claims relating to pollution at various sites throughout the United States. Pursuant to a Superior Court order on October 29, 1991, the “law of the case” in this proceeding is that those coverage issues will be resolved under the law of Missouri.

In an opinion dated April 15, 1994, the Superior Court projected that the Missouri Supreme Court would allocate…