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INDUS. INDEM. INS. v. CROWN AUTO DEALERSHIPS

No. 90-3359.

935 F.2d 240 (1991)

INDUSTRIAL INDEMNITY INSURANCE COMPANY, a foreign insurance corporation, Plaintiff-Counterdefendant, v. CROWN AUTO DEALERSHIPS, INC., a Florida corporation, Stone Buice, Inc., a Florida corporation, Defendants-Counterplaintiffs. SOUTHEASTERN FIDELITY INSURANCE CORPORATION, Plaintiff-Appellee, v. DIMMITT CHEVROLET, INC., Larry Dimmitt Cadillac, Inc., Defendants-Appellants. FEDERATED MUTUAL INSURANCE COMPANY, Plaintiff-Counterdefendant, v. LEE RAGATZ VOLKSWAGEN, INC., Defendant-Counterplaintiff. FEDERATED MUTUAL INSURANCE COMPANY, Plaintiff, v. KENYON DODGE, INC., Defendant.

United States Court of Appeals, Eleventh Circuit.

July 10, 1991.

Attorney(s) appearing for the Case

William F. McGowan, Jr., Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, Fla., Joseph W. Dorn, Kilpatrick & Cody, Thomas K. Bick, Washington, D.C., for defendants-appellants.

Robert E. Austin, Jr., Austin, Lawrence & Landis, Leesburg, Fla., Hal K. Litchford, Orlando, Fla., for plaintiff-appellee.

Jeff G. Peters, Asst. Atty. Gen., Tallahassee, Fla., amicus curiae State of Fla.

Thomas W. Brunner, Wiley, Rein & Fielding, Washington, D.C., amicus curiae Insurance Environmental Litigation Ass'n.

Before ANDERSON and DUBINA, Circuit Judges, and GIBSON, Senior Circuit Judge.

ANDERSON, Circuit Judge:

This case involves an important issue of Florida law that has not been addressed by the Supreme Court of Florida — i.e., whether the liability insurance policy at issue provides coverage for claims against the insured by environmental authorities arising out of hazardous waste contamination. Because similar insurance contracts have received varied interpretations in other jurisdictions throughout the country, we believe that the issue...

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