County of Stanislaus v. Travelers Indemnity Co.

MEMORANDUM AND ORDER RE; CROSS-MOTIONS FOR SUMMARY JUDGMENT

This action seeks to resolve disputes regarding the coverage due under a comprehensive general liability policy issued to plaintiff County of Stanislaus by the Insurance Company of the Pacific Coast, which was a former entity of defendant Travelers Indemnity Company. Pursuant to Federal Rule of Civil Procedure 56, both parties move for summary judgment to' resolve defendant’s obligations under the policy,

I. Factual and Procedural Background

From 1970 until 1990, plaintiff operated the Greer Landfill in . the eastern edge of the San Joaquin Valley adjacent to the Tuolumne River. (Docket No. 28-13.) The Greer Landfill, which closed in 1995, contains approximately 4.5 million tons of residential, .commercial, industrial, construction, and demolition waste that was deposited into excavated cells in the ground. (Id.) The policy at issue in this case was in effect from only October 13, 1972 to October 13, 1975. (Docket No. 28-8.) The policy excludes coverage for contamination, but reinstates coverage for “sudden and accidental” discharges. (Id.)

. In 1985, groundwater degradation was identified at the landfill and efforts…