Motors Ins. Corp. v. BP West Coast Products
Plaintiff Motors Insurance Company (Motors Insurance) paid approximately $479,000 in policy benefits to its insured, Cormier Chevrolet, and then in the present subrogation action sued defendants BP West Coast Products, LLC, and Atlantic Richfield Company (collectively, BP) for damages sustained to the paint finish of vehicles owned by Cormier Chevrolet. Motors Insurance alleged that flaring events from the smokestacks at a BP petroleum refinery located near Cormier Chevrolet resulted in waste products which mixed with moisture in the air, fell as acid rain on Cormier Chevrolet vehicles, and damaged the clear coat finish on the vehicles. The judgment is affirmed.