(DOWNLOAD) "State Farm Fire & Casualty Co. v. Acuity" by Supreme Court of Wyoming * Book PDF Kindle ePub Free
eBook details
- Title: State Farm Fire & Casualty Co. v. Acuity
- Author : Supreme Court of Wyoming
- Release Date : January 15, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
1. Dr. K Excavating, LLC and David Krause appeal a judgment declaring that Acuity has no duty under its business liability policy with Krause to defend or indemnify Krause for damages to Gayle and Steven Kagens home. Those damages occurred when Krause was attempting to remove two fuel oil tanks and the oil they contained. During the removal, oil escaped onto the Kagens property. Krause argues that Acuity has a duty to defend because (1) the residual smell of fuel oil in the Kagens home caused "property damage" covered by Krauses policy with Acuity; (2) the policys pollution exclusion does not unambiguously exclude property damage arising from smells or odors; and (3) the pollution exclusion does not allow Acuity to avoid coverage for damage caused by the non-toxic properties of a known contaminant. Because Acuitys pollution exclusion unambiguously excludes damages "arising from" the escape, dispersal, discharge, or release of fuel oil, we affirm the judgment.
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