Joslyn Manufacturing Company v. Liberty Mutual Insurance Company

42 F.3d 1400 Joslyn Manufacturing Company v. Liberty Mutual Insurance Company NO. 93-35403 United States Court of Appeals, Ninth Circuit. Dec 01, 1994 Appeal from the United States District Court for the District of Oregon. D.C. No. CV-90-01157-GEJ. George E. Juba, Magistrate Judge, Presiding. Fletcher, D.w. Nelson and Rymer, Circuit Judges. 1 MEMORANDUM * 2 Joslyn Manufacturing Co. appeals the district court's determination on summary judgment that Liberty Mutual Insurance Company had no duty to defend or indemnify it in an action by Columbia Steel Casting Company and the Oregon Department of Environmental Quality arising out of contamination to groundwater caused by Joslyn's former manufacturing operations on property that was subsequently acquired by Columbia. Liberty Mutual insured Joslyn against liability for property damage claims, but its policies excluded coverage for injury to property owned, used or controlled by Joslyn. Because Joslyn used or physically controlled the groundwater on its property, as well as the drainage across an adjacent lot owned by T.M. Thorsen, we affirm. 3 * Joslyn first argues that the Columbia complaint is ambiguous because it fails to allege…