California Court of Appeal

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Ortega Rock Quarry. v. Golden Eagle Ins. Corp., E037906

Summary judgment in favor of defendant insurers, in case involving claims for defense and indemnity against an EPA order and corresponding lawsuit, is affirmed over claims that the trial court erred in determining that: 1) the insurers had no duty to defend plaintiff because the EPA proceedings were not a "suit" within the scope of the policies; 2) the pollution exclusion endorsements in the insurance policies excluded coverage for plaintiff's claims; and 3) plaintiff's acts were willful and therefore uninsurable.

Appellate Information

  • Decided 07/27/2006
  • Published 07/27/2006



  • California Court of Appeal


  • For Appellant:
  • Thompson & Colegate, John A. Boyd and Susan Knock Brennecke, Riverside, for Plaintiffs and Appellants.

  • For Appellees:
  • Koeller, Nebeker, Carlson & Haluck, William L. Haluck and Sonia Patel, Irvine, for Defendants and Respondents Golden Eagle Insurance Corporation and Liberty Mutual Insurance Company., Colliau Elenius Murphy Carluccio Keener & Morrow, and Jeffrey T. Woodruff for Defendants and Respondents Continental Casualty Company and Valley Forge Insurance Company.
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