Legal Opinion

United States Fire Insurance v. City of Warren

Court of Appeals for the Sixth Circuit

Decided December 23, 2003No. Nos. 02-1066, 02-1082 and 02-1085PublishedCited by 8 opinions

1Opinion of the Court

BATCHELDER, Circuit Judge.

Several residents of the City of Warren (‘Warren”) suffered property damage when the city’s sewage system backed up and spilled into their homes. Under a reservation of right to decline coverage because the policy contained an absolute pollution exclusion, plaintiff United States Fire Insurance Company (“U.S.Fire”), Warren’s commercial general liability insurance carrier, defended the city in a class action and several other lawsuits filed in state court by property owners seeking to recover for the damage from the sewage backup. When Warren eventually settled with…

2Cases cited20 opinions

  1. Koon v. United StatesSupreme Court of the United States · 1996
  2. Sidney Morse v. R. Clayton McWhorterCourt of Appeals for the Sixth Circuit · 2002
  3. Wilkie v. Auto-Owners InsuranceMichigan Supreme Court · 2003
  4. Northland Insurance Company v. Stewart Title Guaranty Company, Cailu Title Corporation, Donald G. Sare, Jr., and Kelly L. SareCourt of Appeals for the Sixth Circuit · 2003
  5. Meridian Mutual Insurance Company v. Roslyn E. Kellman, Skender Bajrami, Individually and Doing Business as Kopliku Painting CompanyCourt of Appeals for the Sixth Circuit · 1999

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3Cited by8 opinions

  1. Ventas, Inc. v. HCP, INC.Court of Appeals for the Sixth Circuit · 2011
  2. Henricks v. Pickaway Correctional InstitutionCourt of Appeals for the Sixth Circuit · 2015
  3. Desai v. Charter Commc'ns, LLCDistrict Court, W.D. Kentucky · 2019
  4. CAN IV Packard Square LLC v. SchubinerDistrict Court, E.D. Michigan · 2021
  5. CellMark, Inc. v. Robert Webster, et al.District Court, E.D. Kentucky · 2026

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