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Breach of Contract
Insurance
Pollution Exclusion

Canron Corporation v. Federal Insurance

Published: Jun. 28, 1994 | Result Date: Mar. 25, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 912209227 –  $0

Judge

Steven Scott

Court

King Superior


Attorneys

Plaintiff

Dan Zariski

Bill Maer


Defendant

Jose Gaitan

Howard Todd


Experts

Plaintiff

James P. Moore
(technical)

Paul Fahrenthold
(technical)

Henry Landau
(technical)

Defendant

Clarence Kent
(technical)

Claudio Guarnaschelli
(technical)

Facts

Plaintiff Canron Corporation is a Canadian-based international conglomerate, a steel fabricating and manufacturing company. Canron's steel galvanizing facility was located in Vancouver. It shipped its waste (an acid bath containing zinc) from its facility in Vancouver to Western Processing. When the EPA shut down Western Processing, Canron ceased shipping its waste to the United States. Defendant Federal Insurance was one of four insurers of the Plaintiff. Plaintiff sought insurance coverage under 1970's policies for its share of remediation costs at the Kent disposal facility (Western Processing), having shipped waste to the facility from early 1970's until its closure in 1983. The other 3 carriers settled out for undisclosed amounts. This suit proceeded to trial against Defendant Federal Insurance.

Settlement Discussions

Offers and demands were not disclosed.

Damages

The overall costs of remediating Western Processing are expected to exceed $100,000,000. Damages sought in the lawsuit were approximately $2,700,000 with interest and a percentage of future clean-up costs; reduced by settlements obtained from other insurers.

Deliberation

2 hours

Poll

12-0

Length

3 weeks


#78035

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