No. 2--03--0416
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
| AAA DISPOSAL SYSTEMS, INC., M.I.G. | ) | Appeal from the Circuit Court |
| INVESTMENTS, INC., RICHARD TER | ) | of Winnebago County. |
| MAAT, and JACK TER MAAT, | ) | |
| ) | ||
| Plaintiffs-Appellants and | ) | |
| Cross-Appellees, | ) | |
| ) | ||
| v. | ) | No. 93--MR--272 |
| ) | ||
| AETNA CASUALTY AND SURETY | ) | |
| COMPANY, COMMERCIAL UNION | ) | |
| INSURANCE COMPANY, CONTINENTAL | ) | |
| CASUALTY COMPANY, NATIONAL | ) | |
| FIRE AND MARINE INSURANCE | ) | |
| COMPANY, INTERNATIONAL | ) | |
| INSURANCE COMPANY, and UNITED | ) | |
| STATES FIRE INSURANCE, | ) | |
| ) | ||
| Defendants-Appellees | ) | |
| ) | ||
| (BFI Waste Systems of North America, Inc., | ) | |
| Apache Products Company, Tamms Industries, | ) | |
| Daimler Chrysler Corporation, f/k/a Chrysler | ) | |
| Corporation, The Ingersoll Milling Machine | ) | |
| Company, Amerock Corporation, Camcar | ) | |
| Division of Textron, Inc., Twin Disc, Inc., and | ) | |
| Wilmar Processing Company, Intervenors- | ) | |
| Appellants and Cross-Appellees; and American | ) | Honorable |
| Employers' Insurance Company, Defendant- | ) | J. Todd Kennedy, |
| Appellee and Cross-Appellant). | ) | Judge, Presiding. |
JUSTICE McLAREN delivered the opinion of the court:
Plaintiffs and intervenors appeal the trial court's order determining that plaintiffs' claims werenot covered under the policies at issue and granting summary judgment in favor of defendants. Weaffirm this order.
Intervenors appeal, and defendant American Employers' Insurance Company cross-appeals,the trial court's order regarding the allocation of liability. We reverse this order.
As a preliminary matter, we grant intervenors' unopposed motion to file corrected briefs.
The following facts are taken from the record. Plaintiffs in this suit are AAA DisposalSystems (AAA), M.I.G. Investments (MIG), and Jack and Richard Ter Maat. AAA was a cartagecompany that hauled waste to a landfill; MIG operated the landfill. The now-deceased Jack Ter Maatwas a principal shareholder of both AAA and MIG and vice president of MIG. Richard Ter Maat wasthe president and a principal shareholder of both AAA and MIG.
Intervenors, BFI Waste Systems of North America, Inc, Apache Products Company, TammsIndustries, Daimler Chrysler Corporation, f/k/a Chrysler Corporation, The Ingersoll Milling Machine Company, Amerock Corporation, Camcar Division of Textron, Inc., Twin Disc, Inc., and WilmarProcessing Company are a group of companies that cleaned up the landfill site. Pursuant to theComprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42U.S.C.