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On October 31, 1994, the federal district court denied a motion for summary judgment which had been submitted by defendant David Hurlin.  In its order, the District Court noted that Housewares “admits its liability under CERCLA” with regard to the Antrim site.  Record at 398.  The DES finally approved Housewares’ cleanup plan on August 11, 1994.  On July 21, 1995, the DES approved a remedial scope of work plan submitted by Housewares, and directed Housewares to commence cleanup activities.  On January 16, 1996, Housewares submitted a report of its removal activities.  Finally, on December 10, 1996, the DES informed Housewares that the Antrim site had been remediated with regard to exterior heavy metal contaminated residues and soils, interior waste residues, and asbestos.  However, the DES required Housewares to document any lead contamination, limit further use of the site, and perform more groundwater sampling.

On June 12, 1997, Housewares brought an action for declaratory relief, breach of contract, and damages against several insurance companies which had issued CGL policies to Housewares.  National was named as a defendant in this action.  On October 16, 1998, National filed a motion for summary judgment asserting the “known loss” defense.  Housewares filed a motion in opposition on January 26, 1999.  After a hearing on the motion for summary judgment as to the issue of known loss, the trial court issued an order granting summary judgment in favor of National on May 14, 1999.  Housewares now appeals.

Standard of Review

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