Michigan Homes, Inc. v. United States Fidelity & Guaranty Co.

Over one hundred years ago, Chief Justice Bleckley proclaimed that “we may safely say that the reasoning of the law is never absurd.” Knox v. Bates & Co., 79 Ga. 425, 427 (1887). The majority opinion suggests that the safety of that proclamation is presently in jeopardy.

As suggested by the majority opinion, the obvious intent of the exclusion under consideration was to exclude coverage for release of waste materials into or upon land, into the atmosphere, and into any watercourse or body of water, an intent that was side-tracked by an apparent typographical error. While categorizing both of…