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· 8/31/1988

United States Fidelity and Guaranty Company v. Star Fire Coals, Inc.

Citations

  • 856 F.2d 31
  • 28 ERC (BNA) 1362
  • 1988 U.S. App. LEXIS 11822
  • 1988 WL 89677

How courts have described this case

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

  • defining “occurrence” as relating to “damage that was unexpected,” regardless of duration of precipitating event
  • “We do not believe that it is possible to define ‘sudden’ without reference to a temporal element that joins together conceptually the immediate and the unexpected.”
  • “such pollution exclusion clauses apply to the release of wastes and pollutants taking place on a regular basis or in the ordinary course of business”
  • “The ‘sudden and accidental’ exception to [the pollution] exclusion is inapplicable here where the pollutants at issue were discharged on a regular ongoing basis.”
  • coal “dust allegedly drifted over and fell onto [plaintiff’s] property causing him to suffer injuries and property damage”
  • insurers need to rely on policy language in order to efficiently mange risks

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin, Wellford, Jarvis

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.