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NORTH PACIFIC INS. CO. v. MAI

No. 22331.

939 P.2d 570 (1997)

130 Idaho 251

NORTH PACIFIC INSURANCE CO., Plaintiff-Appellant-Cross Respondent, v. Leslie MAI, d/b/a Grease Monkey and Bengal Car Wash, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Twin Falls, March 1997 Term.

May 23, 1997.

Attorney(s) appearing for the Case

Racine, Olson, Nye, Cooper & Budge, Pocatello, for plaintiff-appellant-cross respondent. William D. Olson, argued, Pocatello.

Ward, Maguire & Bybee, Pocatello, for defendant-respondent-cross appellant. David H. Maguire, argued, Pocatello.

JOHNSON, Justice.

This is a liability insurance case. We conclude that the phrase "sudden and accidental" in an exception to a pollution exclusion provision contained in the insurance policy is not ambiguous.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

Leslie Mai (Mai) owns and operates Grease Monkey and Bengal Car Wash (the Grease Monkey), a business in Pocatello, Idaho that changes automobile oil and oil filters. From January 1984 to December...

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