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· 12/17/1998

Spartan Petroleum Company, Incorporated v. Federated Mutual Insurance Company

Citations

  • 162 F.3d 805
  • 29 Envtl. L. Rep. (Envtl. Law Inst.) 20
  • 48 ERC (BNA) 1048
  • 1998 U.S. App. LEXIS 31499

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “such” property damaged referred back to the last mentioned “property damage” in the policy at issue
  • concluding that “[p]ro rata liability is the ‘logical corollary’ ” of the injury-in-fact-trigger rule “because that trigger hinges on the language that the . . . policy covers only damages . . . during the policy period” (quotation omitted)
  • holding that for any period of progressive damage when no insurer was on the risk, the insured should reasonably bear the loss, \otherwise [it] would be to make an insurer liable for damages that occurred when it was not on the risk\
  • holding that for any period of progressive damage when no insurer was on the risk, the insured should reasonably bear the loss, “otherwise [it] would be to make an insurer liable for damages that occurred when it was not on the risk”
  • stating that according to Joe Harden, liability under a standard commercial general liability policy is triggered when injury to the property itself occurs and “can continue over several policy periods, thus triggering more than one policy”

Source: CourtListener parenthetical corpus (CC0).

Judges: Luttig, Butzner, Thornburg, Western

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.