Sinclair Oil Corporation v. Allianz Underwriters Insurance Company

Modified upon denial of rehearing 9/24/15.) Court entered order of partial summary judgment, finding that insurer breached its duty to defend oil company as to multiple underlying suits filed in 2003 and claims arising out of alleged environmental contamination of soil and groundwater, and alleged exposure to benzene-containing products as a result, from company's operation of oil pipeline which leaked or spilled four times in 1981 and 1982. Court erred in finding adequate evidence in record to prove as a matter of law that insurer breached its duty to defend on any claims for bodily injury arising from suits. Court properly found that insurer breached its duty to defend company as to property damages claims, and is liable for defense costs company incurred, from time it notified insurer of claims in 2006. (CHAPMAN and SCHWARM, concurring.)