· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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