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KENT FARMS, INC. v. ZURICH INS. CO.

No. 16779-8-III.

969 P.2d 109 (1998)

93 Wash.App. 414

KENT FARMS, INC., a Washington corporation, Respondent, v. ZURICH INSURANCE COMPANY, a foreign corporation, Appellant.

Court of Appeals of Washington, Division 3, Panel Seven.

December 29, 1998.

Attorney(s) appearing for the Case

Jacquelyn A. Beatty, Karr, Tuttle, Campbell, Seattle, for Appellant.

Brian H. Miller, Dano, Miller, Ries, Othello, for Respondent.

SCHULTHEIS, C.J.

During a delivery of diesel fuel to Kent Farms, Inc., the deliveryman was injured when he was doused with fuel that flowed back from the underground tank and through its shutoff valve. Kent Farms's insurer refused to defend and indemnify Kent Farms contending the injuries were excluded under the pollution exclusion clause. Finding that clause ambiguous, the superior court granted Kent Farms's motion for summary judgment. We agree with the reasoning...

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