QUARRY v. GOLDEN EAGLE INSURANCE CORPORATION

Filed 7/27/06

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

ORTEGA ROCK QUARRY et al.,

Plaintiffs and Appellants,

GOLDEN EAGLE INSURANCE CORPORATION et al.,

Defendants and Respondents.

E037906

(Super.Ct.No. RIC370782)

OPINION

APPEAL from the Superior Court of Riverside County. Thomas H. Cahraman, Judge. Affirmed.

Thompson & Colegate, John A. Boyd and Susan Knock Brennecke, for Plaintiffs and Appellants.

Koeller, Nebeker, Carlson & Haluck, William L. Haluck and Sonia Patel, 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.

I. INTRODUCTION

Plaintiffs and Appellants Ortega Rock Quarry, Jay Hubbs, and John Schmutz (sometimes referred to collectively as â€

Description	EPA administrative proceedings, a prerequisite to bringing a civil action in federal court against alleged polluter under Clean Water Act, were not suits within meaning of liability policies that define suit as, "a civil proceeding in which damages...to which this insurance applies are alleged." Insurers had no duty to provide defense or coverage to quarry operator accused of placing dirt and rocks in creek bed where policies excluded coverage for "monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants."
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QUARRY v. GOLDEN EAGLE INSURANCE CORPORATION Part I

Filed 7/27/06