INSURANCE CO. OF NORTH AMERICA v. U.S. GYPSUM CO.

Civ. A. Nos. 85-0075-A, 85-0149-A.

678 F.Supp. 138 (1988)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff, v. UNITED STATES GYPSUM COMPANY, Defendant. UNITED STATES GYPSUM COMPANY, Plaintiff, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

January 20, 1988.


Attorney(s) appearing for the Case

Wade W. Massie, Abingdon, Va., Samuel P. Gerace, Richard B. Sandow, Pittsburgh, Pa., for Ins. Co. of North America.

Jackson S. White, Jr., Abingdon, Va., Stephen C. Neal, Kevin T. Van Wart, Christopher Mc Elroy, Chicago, Ill., for U.S. Gypsum.


GLEN M. WILLIAMS, District Judge.

This diversity case presents the novel issue of whether the subsidence of the earth beneath a gypsum processing plant was fortuitous. For the purposes of an "all risk" insurance policy, the court rules that the subsidence event was indeed fortuitous and denies the insurance company's motion for judgment notwithstanding the verdict.

FINDINGS OF FACT

The parties in these cases include the United States Gypsum Company...

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