Smith v. Hughes Aircraft Co.
Opinion
Lead Opinion
Wiggins, J.
ORDER
The opinion filed November 26, 1998, and published at 10 F.3d 1448 (9th Cir.1993), is amended as follows:
With this amendment, the panel has voted unanimously to deny the petitions for rehearing filed by Hughes Aircraft Company, Insurance Company of North America, and Smith & Companies.
The petitions for rehearing are DENIED.
AMENDED OPINION
OVERVIEW
In 1985, approximately 2,400 residents of the City of Tucson (“the Valenzuela claims”) sued Hughes Aircraft Company (“Hughes”) for injuries arising out of contamination of their drinking water due to Hughes’ practice of discharging trichloroethylene (“TCE”) into unlined ponds. In 1991, Hughes settled the Valenzuela claims with a payment of almost $85 million. Ronald John Smith and other Lloyd’s underwriters (“Lloyd’s”), Hartford Accident and Indemnity Company (“Hartford”), and Insurance Company of North America (“INA”) (collectively referred to as' “Insurers”) brought declaratory judgment actions beginning in 1988 to determine their respective liability for the Valenzuela claims.
On September 6, 1991, the district court granted summary judgment for the Insurers with respect to policies issued between 1971 and 1985, 783…