Fill and Sign the Mississippi Declaratory Judgment Form

IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI       PLAINTIFF VS. CIVIL ACTION NO.             DEFENDANT COMPLAINT JURY TRIAL IS DEMANDED COMES NOW       (hereinafter "       "), by and through its attorneys, and files this its Complaint against the       , and in support thereof would show unto the Court the following: PARTIES 1. Plaintiff,       , is a       corporation with its principal place of business in the State of       , and either directly or through its predecessor in interest, at all relevant times, was or is authorized to do business in the State of Mississippi. 2. Defendant,       , (formerly known as       ) is a nonprofit unincorporated legal entity created by virtue of the laws of the State of       . The Defendant may be served with process by service upon the Commissioner of Insurance, Honorable       ,       Floor,       State Office Building,       , Mississippi, pursuant to Section 83 - 5 - 11 and/or Section 83 - 21 - 29 and/or Section 83 - 21 - 35, et seq. of the Mississippi Code of 1972, as amended. The mailing address of the Defendant's principal place of business is       . VENUE 3. The loss for which the Plaintiff seeks insurance coverage has occurred in       County, Mississippi. Miss. Code Ann. Section 11 - 11 - 7 provides that actions against insurance companies may be brought in any county in which the loss occurred. Venue, therefore, is proper in the Circuit Court of       County. NATURE OF THE ACTION 4. Effective             ,       ,       issued to       , a       corporation, its comprehensive general liability insurance policy No.       , a complete copy of which is attached hereto as Exhibit “       ”, and the provisions thereof are incorporated herein by reference, as though it were set forth in full (the       policy). 5. Effective             ,       ,       Insurance Company issued to       , a       corporation, its Commercial Catastrophe Liability Policy No.       , a complete copy of which is attached hereto as Exhibit "       ", and the provisions thereof are incorporated herein by reference, as though it were set forth in full (the       policy). 6. On or about             ,       ,       , the       corporation, was merged with and into       , a       corporation, and the assets of the       corporation were transferred to the       corporation.       , the       corporation, subsequently changed its name by charter amendment to       . 7. On or about             ,       ,       filed its Proof of Claim in the matter of the liquidation of       Insurance Company with the Insurance Department of the State of       and with the       , a complete copy of said Proof of Claim is attached hereto as Exhibit "       ", and the provisions thereof are incorporated herein by reference as though it were set forth in full. 8. On or about             ,       ,       filed its Proof of Claim in the matter of the liquidation of       Insurance Company with       , Deputy Liquidator, and with the       Insurance Guaranty Association, a complete copy of said Proof of Claim is attached hereto as Exhibit "       ", and the provisions thereof are incorporated herein by reference as though it were set forth in full. 9. Under the pertinent provisions of       law, and subject to certain statutory limitations, the Defendant is deemed the insurer to the extent of its obligations on the covered claims and to such extent shall have all rights, duties, and obligations of the insolvent insurer as if the insurer had not become insolvent." 10. Both       Insurance Company and       Insurance Company were amenable to the process and jurisdiction of this court and thus the Defendant is likewise amenable to such process and jurisdiction. 11. In this action,       seeks declaratory relief pursuant to Rule 57 of the Mississippi Rules of Civil Procedure adjudicating the rights and obligations of the parties under the       and       policies, and under the pertinent provisions of       law. UNDERLYING ACTION 12. From             to present,       , either directly or through its predecessor in interest, has owned and operated a       manufacturing plant located in       ,       , County, Mississippi. 13. The United States Environmental Protection Agency (hereinafter referred to as "EPA") has notified       that       is a potentially responsible party for contamination at a site designated "the       Site" under the Comprehensive Environmental Response, Compensation, and Liability Act (hereinafter referred to as "CERCLA"), 42 U.S.C. Section 9601, et seq. The       Site includes the       facility and property adjacent to and in the vicinity thereof. 14. Investigations of the environmental conditions at the       Site have evidenced the existence of contamination. 15. As a result of the contamination,       has become liable pursuant to CERCLA to conduct investigations and remediation of certain environmental conditions. 16. At the direction of EPA,       is carrying out remedial activities with respect to contamination detected at and emanating from the       Site. BACKGROUND OF CLAIMS 17. The       policy provides that       is obligated to defend and indemnify the insured, subject to a $       self-insured retention, for all property damage caused by an "occurrence" in the amount of $       . 18. The       policy provides that       is obligated to defend and indemnify the insured for all property damage caused by an "occurrence" to the extent not covered by an underlying comprehensive general liability policy in the amount of $       each occurrence, $       aggregate. The limits of liability under the Integrity policy are $       each occurrence, $       annual aggregate. 19. The contamination at and emanating from the       Site was neither expected nor intended from the standpoint of       and occurred in part during the periods of the       and       policies. 20. The contamination at and emanating from the       Site constitutes property damage as defined by the       and       policies. 21.       expended substantial premiums to purchase the       and       policies. 22.       has expended, and continues to expend, substantial expenses relating to property damage to the       site. 23. The damages claimed by the United States and all sums expended to date in connection with such damage are within the coverage of the       policy, and within the coverage of the       policy, to the extent not covered by the underlying coverage. 24. To the extent provided by pertinent       law, the Defendant is obligated to pay in full the costs and expenses of       in defense of the underlying action, and is obligated to indemnify       in full for such liability arising from the underlying action by way of settlement, compromise, or adjudication. DECLARATORY JUDGMENT 25. Plaintiff repeats and realleges each and every allegation contained in Paragraphs 1 through 24 as if fully set forth herein. 26. An actual controversy exists between Plaintiff and the Defendant as to whether Plaintiff is entitled to the costs of its defense, including, but not limited to, all amounts expended in defense costs to date, and between Plaintiff and Defendant as to whether Plaintiff is entitled to indemnification for all losses incurred in connection with proceedings commenced and claims made by the United States with respect to property damage at and emanating from the       Site, to the extent covered by the       and       policies. 27. To protect its rights and interests, Plaintiff requires a declaration that the Defendant, subject to statutory limitations of pertinent       law, is obligated to pay on behalf of       all sums which       shall be obligated to pay because of the property damage resulting from an "occurrence" which was unintended and unexpected by       during the policy periods covered by the       and       policies. WHEREFORE, Plaintiff requests judgment as follows: 1. That this Court determine and declare that the Defendant is liable to pay and indemnify Plaintiff for all damages, costs and payments incurred or to be incurred by Plaintiff with respect to any and all claims related to contamination of the       Site or for which it is otherwise liable with respect to contamination at the       Site, subject to the coverage limits of the       and       policies and the pertinent provisions of       law; and 2. Grant to       its costs and attorney's fees incurred herein; and 3. Grant such other and further relief as may be just and proper; and 4. Plaintiff demands a jury trial on all issues. Respectfully submitted, _______________________________________       Attorney for       Of counsel:                         Telephone:       MSB #       Attorney for