Grant-Southern Iron & Metal Company and Detroit Briquetting Company v. Cna Insurance Company and Transportation Insurance Company

BOGGS, Circuit Judge.

This is one of three recent cases in this circuit that require the court to interpret the meaning, under Michigan law, of the “sudden and accidental” exception to the standard pollution exclusion clause in industrial liability insurance policies. Following the interpretation of that phrase in F L Aerospace v. Aetna Casualty and Surety Co., 897 F.2d 214 (6th Cir.1990), we hold that the phrase “sudden and accidental” has a temporal component and does not describe continuous or ongoing polluting events. However, under the facts in this case, we hold that a genuine issue of…