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Clearwater Insurance Co. v. Doe Run Resources Co.

United States District Court, E.D. Missouri, Eastern Division

March 3, 2017

CLEARWATER INSURANCE COMPANY and EVEREST REINSURANCE COMPANY, Plaintiffs,
v.
THE DOE RUN RESOURCES CORPORATION f/k/a ST. JOE MINERALS CORPORATION, AIU INSURANCE COMPANY, FIRST STATE INSURANCE COMPANY, GOVERNMENT EMPLOYEES INSURANCE COMPANY, NORTHBROOK INSURANCE COMPANY, and ZURICH INSURANCE COMPANY, Defendants.

          OPINION, MEMORANDUM AND ORDER

          HENRY EDWARD AUTREY, UNITED STATES DISTRICT JUDGE

         This matter is before the Court on Defendant the Doe Run Resources Corporation's (Doe Run) Motion to Stay, [Doc. No. 12], Motion to Dismiss Plaintiff's Second Amended Complaint, [Doc. No. 25], and Motion to Dismiss Cross-Claims and Counterclaims by Insurers Allstate Insurance Company, AIU Insurance Company, First State Insurance Company, and Government Employees Insurance Company for Lack of Jurisdiction and in Deference to Doe Run's Pending State Court Action, [Doc. No. 66]. The respective parties have filed oppositions to these motions.

         Facts and Background

         Plaintiffs' Second Amended Complaint states that this is an action for declaratory judgment pursuant to Rule 57 of the Federal Rules of Civil Procedure and 28 U.S.C. § 2201 et seq. In this action, Plaintiffs seek a determination as to the rights and obligations of the parties in connection with certain insurance policies issued by Prudential Reinsurance Company (“Prudential Re”) and Gibraltar Insurance Company (“Gibraltar”) to St. Joe Minerals Corporation (“St. Joe Minerals”) in connection with an environmental claim arising from St. Joe Minerals' operations in St. Francois County, Missouri and more particularly known as the OU1 remediation (the “Underlying Claim”).

         The Court's jurisdiction is based upon diversity of citizenship, 28 U.S.C. § 1332. Plaintiff Clearwater is a corporation organized and existing under the laws of Delaware. Clearwater is an insurer with its principal place of business in New Hampshire. Plaintiff Everest is a corporation organized and existing under the laws of Delaware. Everest is an insurer with its principal place of business in New Jersey. Defendant Doe Run is a New York corporation, with its principal place of business in Missouri. Defendant AIU Insurance Company (“AIU”) was at all pertinent times a corporation organized under the laws of New York, with its principal place of business in New York. Defendant First State Insurance Company (“First State”) was at all pertinent times a corporation organized under the laws of Connecticut, with its principal place of business in Massachusetts. Defendant Government Employees Insurance Company (“GEICO”) was at all pertinent times a corporation organized under the laws of Maryland, with its principal place of business in Maryland. Defendant Granite State Insurance Company (“Granite”) was at all pertinent times a corporation organized under the laws of Pennsylvania, with its principal place of business in New York. Defendant Northbrook Insurance Company (“Northbrook”) was at all pertinent times a corporation organized under the laws of Illinois, with its principal place of business in Illinois. Defendant Zurich Insurance Company (“Zurich”) was at all pertinent times a corporation organized under the laws of Illinois, with its principal place of business in Illinois.

         Plaintiffs' Second Amended Complaint alleges the following facts: Prudential Re issued certain excess liability policies to St. Joe Minerals under which Doe Run has made a claim for coverage for the Underlying Claim (the “Prudential Re Policies”), as follows:

         Policy Number Policy Period

DXCDX0060 1/1/77 - 5/1/78
DXCDX0373 9/16/77 - 5/1/78
DXCDX0928 5/1/78 - 9/10/78
DXCDX0929 5/1/78 - 9/10/78
DXCDX1112 9/10/78 - 2/4/79
DXCDX1113 9/10/78 - 2/4/79

         Gibraltar issued certain excess liability policies to St. Joe Minerals Corporation under which Doe Run has made a claim for coverage for the Underlying Claim (the “Gibraltar Policies”), as follows:

         Policy Number Policy Period

GMX0017 2/4/79 - 2/4/80
GMX0018 2/4/79 - 2/4/80
GMX00473 2/4/80 - 2/4/81
GMX00474 2/4/80 - 2/4/81

         Defendants AIU, First State, GEICO, Granite, Northbrook, and Zurich (collectively “Defendant Insurers”) issued certain excess liability policies to St. Joe Minerals that are potentially applicable to the Underlying Claim.

         Defendant Zurich provided St. Joe Minerals with primary liability insurance, including without limitation the following policy numbers:

a. Policy No. 81-49-527, issued to St. Joseph Lead Company for the policy period of December 31, 1959 to December 31, 1960;
b. Policy No. 82-64-308, issued to St. Joseph Lead Company for the policy period of December 31, 1960 to December 31, 1961;
c. Policy No. 83-50-273, issued to St. Joseph Lead Company for the policy period of December 31, 1961 to December 31, 1962;
d. Policy No. 84-13-131, issued to St. Joseph Lead Company for the policy period of December 31, 1962 to December 31, 1963;
e. Policy No. 84-87-501 issued to St. Joseph Lead Company for the policy period of December 31, 1963 to December 31, 1964;
f. Policy No. 85-50-737 issued to St. Joseph Lead Company for the policy period December 31, 1966 to December 31, 1967;
g. Policy No. 85-83-917, issued to St. Joseph Lead Company for the policy period December 31, 1967 to December 31, 1968;
h. Policy No. 85-96-343 issued to St. Joseph Lead Company for the policy period of December 31, 1968 to February 4, 1969;
i. Policy No. 86-69-900 issued to St. Joe Minerals Corporation for the policy period of March 15, 1971 to December 31, 1973;
j. Policy No. 87-52-260, with the policy period of at least December 31, 1973 ...

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