Legal Opinion
Protective National Insurance Co. of Omaha v. City of Woodhaven
Michigan Supreme Court
Decided August 26, 1991No. Docket 85180; Calendar 11PublishedCited by 66 opinions
1Opinion of the CourtRiley, J.
In this case, we are asked to interpret and apply pertinent policy provisions of a comprehensive general liability insurance policy. The question presented is whether the policy’s pollution exclusion is applicable, thus, absolving the insurer of any duty to indemnify or defend the insured in the underlying action.
We find that the Court of Appeals erred in holding that the policy’s pollution exclusion arguably did not apply and that therefore, the insurer had a duty to defend the insured. Accordingly, we reverse the decision of the Court of Appeals.
I. FACTS AND PROCEEDINGS
On August 24, 1984, a…
2Cases cited11 opinions
- Technicon Electronics Corp. v. American Home Assurance Co.New York Court of Appeals · 1989
- Upjohn Co. v. New Hampshire InsuranceMichigan Supreme Court · 1991
- Detroit Edison Co. v. Michigan Mutual InsuranceMichigan Court of Appeals · 1980
- Technicon Electronics Corp. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1988
- Travelers Indemnity Co. v. DingwellSupreme Judicial Court of Maine · 1980
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3Cited by66 opinions
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- American Bumper and Manufacturing Co. v. Hartford Fire Ins. Co.Michigan Supreme Court · 1996
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- Auto-Owners Insurance v. City of ClareMichigan Supreme Court · 1994
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