Legal Opinion
Technical Coating Applicators, Inc. v. United States Fidelity & Guaranty Co.
Court of Appeals for the Eleventh Circuit
Decided October 9, 1998No. 97-2448PublishedCited by 67 opinions
1Opinion of the Court
BIRCH, Circuit Judge:
In this insurance contract case, United States Fidelity and Guaranty Company (“USF&G”) appeals the district court’s conclusion that, under Florida law, an “absolute pollution exclusion” is ambiguous when applied to the emission of vapors from products used in their normal manner. For the reasons that follow, we conclude that the district court erred in holding that the absolute pollution exclusion is ambiguous under these circumstances. We therefore vacate the district court’s order awarding partial summary judgment against USF&G.
I. BACKGROUND
Plaintiff-Appellee Technical…
2Cases cited9 opinions
- Deni Associates of Florida, Inc. v. State Farm Fire & Cas. Ins. Co.Supreme Court of Florida · 1998
- Elan Pharmaceutical Research Corp. v. Employers InsuranceCourt of Appeals for the Eleventh Circuit · 1998
- Citro Florida, Inc., a Florida Corporation v. Citrovale, S.A., a Foreign CorporationCourt of Appeals for the Eleventh Circuit · 1985
- American States Insurance Company v. Mary Jane NetheryCourt of Appeals for the Fifth Circuit · 1996
- State Farm Fire & Cas. v. Deni Assoc.District Court of Appeal of Florida · 1996
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3Cited by67 opinions
- Quadrant Corp. v. American States Ins. Co.Washington Supreme Court · 2005
- 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
- Quadrant Corp. v. American States InsuranceWashington Supreme Court · 2005
- James River Insurance v. Ground Down Engineering, Inc.Court of Appeals for the Eleventh Circuit · 2008
- McMahan v. TotoCourt of Appeals for the Eleventh Circuit · 2002
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