Hecla Mining Co. v. New Hampshire Insurance Co.
Colorado Supreme Court
811 P.2d 1083 (1991)
- Written by Rich Walter, JD
Facts
New Hampshire Insurance Company and Industrial Indemnity Company (insurers) (defendants) insured Hecla Mining Company (Hecla) (plaintiff) against damages caused by unintended and unexpected occurrences, including occurrences accidentally resulting from ongoing conditions. Both policies excluded coverage for pollution, except for sudden and accidental discharges. When Hecla was charged with having discharged contaminants into a Colorado river for over 15 years, the insurers refused to defend Hecla in court, even though discovery had not ended and no factual determinations had yet been made. Hecla sued the insurers to enforce the duty-to-defend clauses in their policies. The trial court ruled against the insurers, but an intermediate appellate court reversed. Hecla appealed to the Colorado Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Erickson, J.)
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