THE UPJOHN COMPANY
v.
NEW HAMPSHIRE INSURANCE COMPANY
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued January 10, 1991.
Decided August 26, 1991.
Attorney(s) appearing for the Case
Denenberg, Tuffley, Bocan, Jamieson, Black, Hopkins & Ewald, P.C. (by Julius Denenberg, William G. Jamieson, George F. Curran, III, and Dana L. Ramsay), for plaintiff The Upjohn Company.
Garan, Lucow, Miller, Seward, Cooper & Becker, P.C. (by Thomas W. Emery); (Philip J. McGuire, of counsel), for defendant Allstate/NESCO.
Amici Curiae:
Hooper, Hathaway, Price, Beuche & Wallace (by Bruce T. Wallace); (Wiley, Rein & Fielding, by Thomas W. Brunner, Laura A. Foggan, and Robert R. Lawrence, of counsel) for Insurance Environmental Litigation Association.
John D. Noonan (Andrew P. Buchsbaum, of counsel) for Environmental Law Society, University of Michigan, Michigan Environmental Council and Public Interest Research Group in Michigan.
Dykema, Gossett (by Roger K. Timm, Stephen D. Turner, and John A. Ferroli) for South Macomb Disposal Authority.
Honigman, Miller, Schwartz & Cohn (by Philip A. Grashoff); (Covington & Burling, by William H. Allen, William F. Greaney, and Dorothy C. Mitchell, of counsel) for Dow Chemical Company, Product Liability Advisory Council, American Fiber Manufacturers Association, American Petroleum Institute, Chemical Manufacturers Association, E.I. DuPont de Nemours & Company, International Business Machines Corporation, and Olin Corporation.
Rosi, Olson & Levine, P.C. (by James M. Olson and Barry L. Levine), for Jan and Sandra Doyen doing business as Carefree Cove Resort, and Robert L. Johnson.
Honigman, Miller, Schwartz & Cohn (by Jay E. Brant, Philip A. Grashoff, Jr., Mark A. Goldsmith, and Daniel G. Helton) for Arco Industries Corporation, Bronson Plating Company, Hitachi Magnetics Corporation, Rengo Oil Company, Thomas Solvent Company, and Thermofil, Inc.
Hill, Lewis (by Richard C. Sanders); (Anderson, Kill, Olick & Oshinsky, P.C., by Eugene R. Anderson, Kevin J. O'Brien, and Bruce A. Brown, of counsel), Martha A. Churchill, General Counsel, Mid-America Legal Foundation (Varnum, Riddering, Schmidt & Howlett, by Matthew W. Zimmerman, Mark S. Allard and Rosi, Olson & Levine, by Barry Levine, of counsel), for the Budd Company, the City of Clare, the City of Evart, Harrow Products, Inc., Mid-America Legal Foundation, and Traverse City Light and Power.
Supreme Court of Michigan.
RILEY, J.
In this case, we are asked to interpret and apply the pollution-exclusion clause found in the comprehensive general liability policy of Allstate Insurance Company.1 The resolution of this issue requires us to answer two questions: (1) is the phrase "sudden and accidental" which appears in the pollution-exclusion clause and which creates an exception to the exclusion, unambiguous, and...
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