Successful defense of Order to Show Cause in environmental action.

The plaintiff filed an Order to Show Cause to compel the defendants to defend and indemnify it in connection with a leak that occurred at a retail gasoline service center. A company retained to perform recent soil and groundwater sampling at the site punctured a 10,000 gallon underground storage tank. The plaintiff did not have the funding to perform the investigation or remediation of the property and, therefore, filed the Order to Show Cause. The court denied the plaintiff’s application and ultimately dismissed the coverage action against the firm’s client.