City of Kimball v. St. Paul Fire and Marine Ins. Co.

I respectfully dissent.

This case involves the construction of a sewage lagoon. Its use resulted in the contamination of underground waters to the damage of a neighboring farmer who recovered from the city of Kimball. The city now seeks to recover from its insurer against property damage “caused by accident.”

Seismograph holes had been bored in the area covered by the lagoon and were not discovered until the difficulties mentioned had developed and the city undertook to seal the sides and bottom of the lagoon.

Construction of the lagoon was a deliberate, calculated, and willful act on the part…