Housewares failed to disclose its known liabilities. In support of its claim of disclosure, Housewares designated a 1992 10K form filed with the Federal Securities and Exchange Commission which Housewares says it provided to National. Under the heading “Legal Proceedings” the 10K form states, “For information concerning various environmental matters with which the Company is involved, see Note 10 to Consolidated Financial Statements on page 19 of the 1992 Stockholders Report.” Record at 665. In our search of the designated materials, we were unable to find a copy of the 1992 stockholders report referred to. Still, construing any inferences of fact in favor of Housewares, this raises the question of whether or not National also had knowledge of Housewares’ environmental liabilities prior to issuing the policies. As noted above, the known loss doctrine will not bar coverage where the insurer also knows of the loss. Thus, although Housewares has not demonstrated a genuine issue of material fact with regard to its own knowledge of liability, it has demonstrated a genuine issue as to National’s knowledge. If Housewares can prove that National also knew of the environmental liabilities at issue, the known loss doctrine will be inapplicable. Because there is a genuine issue as to a material fact, summary judgment as to the application of the known loss doctrine was improperly granted.
The judgment is reversed and the cause is remanded to the trial court for further proceedings consistent with this opinion.
BAILEY, J., and VAIDIK, J., concur.