Hardwick Recycling & Salvage

1. Plaintiffs sued for coverage under the pollution coverage included in their comprehensive general liability insurance policy issued by defendant Acadia Insurance Company. Plaintiffs appeal from the trial courts order denying their partial summary judgment motion seeking a declaration that Acadia owes them a defense against a pending environmental enforcement action brought by the State in 2000; the court entered judgment for Acadia instead. Plaintiffs contend that the trial court erred in holding that the States 1995 claims against them for environmental site investigation and remediation planning because of contamination on their property were not claims for "damages" covered by the policy, and thus did not trigger Acadias duty to defend against the enforcement action. We conclude that the trial court incorrectly interpreted the policy term "damages." Therefore we reverse one ground upon which the trial court based its opinion, and we remand for additional proceedings necessary to resolve outstanding issues in the case.