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NORTH PACIFIC INS. v. UNITED CHROME PRODUCTS

C 89-0777; CA A72430.

857 P.2d 158 (1993)

122 Or. App. 77

NORTH PACIFIC INSURANCE COMPANY, an Oregon corporation, Respondent, v. UNITED CHROME PRODUCTS, INC., an Oregon corporation, Lyman Larabee, individually and dba United Saw Service, Marjorie Marsh, Raymond L. Marsh, Frances L. Marsh, Christopher L. Marsh, Lafran, Inc., and Lee R. Marsh, individually and dba United Saw Service, Vernetta E. Larabee, Sidney B. Lewis, Jr., and Richard Morseth, Defendants, City of Corvallis, Appellant.

Court of Appeals of Oregon.

Decided July 28, 1993.

Attorney(s) appearing for the Case

Thomas H. Tongue and John C. Cahalan, Portland, argued the cause for appellant. With them on the briefs were Michael J. Francis and Dunn, Carney, Allen, Higgins & Tongue, Portland.

Michael A. Lehner, Portland, argued the cause for respondent. With him on the brief was Lehner, Mitchell & Rodrigues, Portland.

Jeffrey V. Hill, Bradford H. Lamb, and Zarosinski & Hill, Portland, filed a brief amicus curiae for Transamerica Insurance Company.

I. Franklin Hunsaker, Douglas G. Houser and Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, filed a brief amicus curiae for Insurance Environmental Litigation Association.

Before DEITS, P.J., and RIGGS and DURHAM, JJ.

RIGGS, Judge.

The City of Corvallis (city) appeals from a summary judgment in plaintiff insurer's favor. We reverse.

United Chrome Products, Inc. (insured) leased a site from city, where it operated a chrome plating facility from the late 1950's to November 10, 1984. During the course of its chrome plating operations, the insured deposited chrome in a dry well and plating tanks on the property. The chrome contaminated the ground water. The highest concentrations...

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