(Download) "Thomas S. Just and Lisa P. Just v. Land" by Supreme Court of Wisconsin ~ eBook PDF Kindle ePub Free
eBook details
- Title: Thomas S. Just and Lisa P. Just v. Land
- Author : Supreme Court of Wisconsin
- Release Date : January 19, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
Plaintiffs in this case are property owners in Racine county who live near a landfill site operated by Land Reclamation, Ltd.
(LRL). The plaintiffs' complaint alleges that the landfill was the source of unexpected and unintended pollution causing them
bodily injury and property damage. The liability insurance policy issued by Bituminous Casualty Corporation (Bituminous) to
LRL excluded pollution damages unless such damages were "sudden and accidental." The court of appeals agreed with Bituminous that the word "sudden" in the phrase "sudden and accidental" unambiguously means
abrupt and immediate and therefore the damages alleged do not come within the coverage of the policy. The property owners
argue that their damages are covered by the policy because the word "sudden" is ambiguous and may reasonably mean unexpected
and unintended. The phrase is not defined in the policy. Recognized dictionaries differ in the primary meaning of the word.
The insurance industry itself has attached different meanings to the word at different times.
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