Braswell v. Faircloth Ex Rel. Estate of Lynch

Cureton, Judge:

This case concerns insurance coverage. The case was presented to the circuit court on stipulated facts and cross-motions for summary judgment. The trial judge ruled in favor of the insurer. The court held the policy did not provide coverage because there was no “occurrence” and no “property damage” as defined in the policy. The court also held certain exclusions were applicable. We reverse and remand.

On September 25, 1978, Pepper Industries, Inc. entered into a contractural agreement with Braswell Shipyards Inc. for the lease of property on which several storage tanks were…