Boardman Petroleum, Inc. v. Federated Mutual Insurance

The majority opinion is based upon the erroneous premise that the liability policies issued to Boardman “specifically excluded coverage for underground contamination of property ‘owned or occupied by or rented to the insured.’ ” There is only a general exclusion in the liability policies for “damages” to Boardman’s “owned or rented property.” The question presented for resolution is whether this general exclusion should be construed as a specific exclusion of coverage for Boardman’s liability for underground contamination of its own property. I cannot agree with the majority that this general…