American Motorists Insurance v. General Host Corp.

MEMORANDUM AND ORDER

THEIS, District Judge.

This is a declaratory judgment action in which the plaintiff, American Motorists Insurance Company (“AMICO”), seeks a determination that it is not responsible for paying the judgment or defense costs for the defendants in Miller v. Cudahy, a case which was tried to this court some twelve years ago. Miller involved salt pollution of the Cow Creek Aquifer caused by operations of the American Salt plant near Lyons, Kansas. Miller v. Cudahy, 592 F.Supp. 976 (D.Kan. 1984), aff'd in part, rev’d in part, 858 F.2d 1449 (10th Cir.1988), cert. denied, 492 U.S.…