applying exclusion despite insured's unawareness that the lubricating oil which it discharged into disposal pits. contained hazardous PCBs, explaining that "it is the discharge which must be sudden and accidental to qualify for coverage, not the pollution damage"
Summary of this case from United States Fidelity & Guaranty Co. v. B & B Oil Well Service, Inc.No. 92-430.
November 2, 1992.
C.A. 10th Cir. Certiorari denied. Reported below: 962 F. 2d 1484.
applying exclusion despite insured's unawareness that the lubricating oil which it discharged into disposal pits. contained hazardous PCBs, explaining that "it is the discharge which must be sudden and accidental to qualify for coverage, not the pollution damage"
Summary of this case from United States Fidelity & Guaranty Co. v. B & B Oil Well Service, Inc.Full title:EL PASO NATURAL GAS CO. v. HARTFORD ACCIDENT INDEMNITY CORP
Court:U.S.
Date published: Nov 2, 1992
Forbus v. Sears Roebuck Co., 958 F.2d 1036, 1042 (11th Cir. 1992). cert. denied, 506 U.S. 955, 113 S.Ct. 412,…
Raczak v. Ameritech Corp.However, the Fourth Circuit firmly reversed the district court, and reaffirmed its application of the common…