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Weyerhaeuser Co. v. Commercial Union Insurance Co.12/21/2000
ial court properly denied CU's request to offset settlements received from other insurers.
III. Extent of Coverage
Of the six sites tried to a jury and found covered under the Phase I and II trials, two were landfills: Mid-State, Wisconsin, and Pasco, Washington. The Pasco landfill began operating in 1956 as a dump, but it was converted to a sanitary landfill in 1971. CP at 7099. Mid-State became an operational sanitary landfill in 1971. CP at 11942.
The supplemental policy was effective March 1, 1970 to March 1, 1973. Pl.'s Trial Ex. 3 at WEYO 000544. Two supplemental endorsements resulted in coverage commencing on January 1, 1970 and ending on January 31, 1973. Pl.'s Trial Ex. 3 at WEYO 000546 and WEYO 000549. Although both the Mid- State and Pasco landfills were operational during the supplemental policy period, Weyerhaeuser did not ship waste to these sites until after the expiration of the supplemental policy. CP at 7099; 11942.
In December 1993 CU moved for partial summary judgment dismissing the Mid- State site on grounds that the supplemental policy did not provide coverage for contamination because Weyerhaeuser did not ship waste to the site until 1974. CP at 13890-906. Although the trial court deferred ruling on whether property damage in fact occurred at Mid-State before the supplemental policy expired, it ruled the policy covered property damage that occurred during the policy period--even though damage was not attributable to Weyerhaeuser's waste. CP at 14164-65.
CU claims it is not obligated to provide coverage for Weyerhaeuser's legal liability that arose due to actions of entities other than Weyerhaeuser during the policy period and disputes the following awards (excluding interest): (1) $1,500,000 judgment for damages at the Mid-State site (CP at 11088); and (2) $143,542 judgment for damages at the Pasco landfill (CP at 11093). CU argues that before its obligation to provide coverage is triggered, any property damage that occurred during the policy period must arise out of Weyerhaeuser's business operations as opposed to damage 'caused by a stranger to the policy.' Revised Br. of Appellant at 48.
The supplemental policy provided the following under 'Coverage': Underwriters hereby agree . . . to indemnify the Assured for all sums which the Assured shall be obligated to pay by reason of the liability
(a) imposed upon the Assured by law, or
(b) assumed under contract or agreement by the Named Assured . . . for damages, direct or consequential and expenses on account of:
(c) Property Damage, caused by or arising out of each occurrence happening anywhere in the world, and arising out of the hazards covered by and as defined in the Underlying Policies . . . . Pl.'s Trial Ex. 3 at WEYO 000551.
The underlying Fireman's Fund policy agreed TO PAY on behalf of the insured all sums which the insured shall become obligated to pay as damages by reason of the liability imposed upon the insured by law, or assumed by the insured under contract or agreement, because of injury to or destruction of corporeal property, including all loss resulting therefrom, arising out of the business operations of the insured. Def.'s Trial Ex. 2592 at WEY4 418663 (Coverage B).
The Fireman's Fund policy defined 'Occurrence' as 'an event or continuous or repeated exposure to conditions, which unexpectedly causes injury during the policy period.' Id. at WEY4 418690.
It is uncontroverted that pursuant to current federal and state environmental statutes, Weyerhaeuser, as a responsible party, is jointly and severally liable for the cleanup of all contamination at these sites, in
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