Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued January 10, 1991.
Decided August 26, 1991.
Attorney(s) appearing for the Case
Richard J. Quist and Robert N. Sayler for the plaintiff.
Mika, Meyers, Beckett & Jones (by Douglas A. Donnell and Linda L. Blais) and Foster, Swift, Collins & Smith, P.C. (by Lawrence B. Lindemer), for the defendant.
Amici Curiae:
Cooper, Fink & Zausmer, P.C. (by David H. Fink, Thomas A. Biscup, and Alan D. Wasserman), for Gelman Sciences Inc. and Ralph Jackson.
Drinker, Biddle & Reath (by Thomas S. Schaufelberger, Steven A. Bennett, and John W. Scott), Miller, Canfield, Paddock & Stone (by Michael B. Ortega), and Petersmarck, Callahan, Bauer & Maxwell, P.C. (by Neal W. Bauer), for American Motorists Insurance Company and Lumbermens Mutual Casualty Company.
Warner, Norcross & Judd (by Paul T. Sorensen) and Covington & Burling (by Robert N. Sayler, Gregg H. Levy, and Eric C. Bosset) for Gencorp, Inc., Laidlaw, Inc., Teledyne Industries, Inc., and the Upjohn Company.
Rivkin, Radler, Bayh, Hart & Kremer (by John L. Rivkin, Alan S. Rutkin, and Barbara Sirothen) and Nelson & Krueger (by James R. Nelson) for Michigan Association of Insurance Companies.
Willingham & Cote, P.C. (by John A. Yeager and Anthony S. Kogut), for Michigan Farm Bureau and Farm Bureau Mutual Insurance Company of Michigan.
Clark, Klein & Beaumont (by Dwight H. Vincent and Susan J. Sadler) for Michigan Manufacturers Association.
Varnum, Riddering, Schmidt & Howlett (by Robert J. Eleveld, Matthew D. Zimmerman, and Mark S. Allard) for Michigan Municipal League.
Clary, Nantz, Wood, Hoffius, Rankin & Cooper (by Douglas W. VanEssen and Debra L. Geibig) for Celina Mutual Insurance Company.
Supreme Court of Michigan.
CAVANAGH, C.J.
We granted leave in this case to consider an insurance contract with a pollution-exclusion clause and an exception to that exclusion where the discharge is sudden and accidental.1 In applying the definition of the "sudden and accidental" exception to this case, we recognize that the insurance contract contains a duty-to-defend clause.2 Thus, the insurer...
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