Court of Appeals for the Eighth Circuit October 20, 1994, 94-1132 (Modern Constructors, Inc. v. Continental Casualty Company)

ROSS, Senior Circuit Judge.

Appellant Modern Constructors, Inc. (Modern) commenced this declaratory judgment action against Continental Casualty Company (Continental), its comprehensive general liability insurer. Modern sought a declaration of coverage for its potential liability in an underlying CERCLA action in which it is a third-party defendant.