U.S. FIDELITY AND GUAR. v. STAR FIRE COALS, INC.

No. 87-6039.

856 F.2d 31 (1988)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff-Appellant, v. STAR FIRE COALS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 31, 1988.


Attorney(s) appearing for the Case

Larry C. Deener, Landrum, Shouse and Patterson, Lexington, Ky., Jeffrey Silberfeld (argued), Emily H. Levin, Rivkin, Radler, Dunne & Bayh, Uniondale, N.Y., for plaintiff-appellant.

Charles E. Shivel, Jr., Stoll, Keenon and Park, Lexington, Ky., Diane M. Carlton (argued), for defendant-appellee.

Thomas W. Brunner, Laura A. Foggan, Marilyn E. Kerst, Wiley, Rein, & Fielding, Washington, D.C., for amicus curiae, Ins. Environmental Litigation Ass'n.

Before MARTIN and WELLFORD, Circuit Judges, and JARVIS, District Judge.


BOYCE F. MARTIN, JR., Circuit Judge.

The single issue raised in this appeal requires us to interpret a clause in an insurance policy issued by United States Fidelity & Guaranty to Star Fire Coals, Inc., which clause attempts to exclude coverage for certain damages caused by pollution discharges. USF & G seeks in this declaratory action a declaration of rights under the policy it had issued to Star Fire. The district court granted on August 14, 1987, summary...

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