Cain Petroleum Inc. v. ZURICH AMERICAN INS., CO.

The issue in this declaratory judgment proceeding is whether an insurance policy that defendant Zurich American Insurance Company provided to plaintiff provides coverage for losses caused by releases of gasoline from certain underground storage tanks located on plaintiffs property. The trial court concluded that, under the unambiguous terms of the policy, no coverage is available. Plaintiff appeals, arguing that the insurance policy is ambiguous and, as a result, must be interpreted in favor of coverage. In the alternative, plaintiff argues that defendant should be estopped from arguing that…