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GELMAN SCIENCES, INC. v. FIDELITY & CAS.

Docket Nos. 105981, 106678.

572 N.W.2d 617 (1998)

456 Mich. 305

GELMAN SCIENCES, INC., and Gelman Sciences, Inc., as Assignee of Fireman's Fund Insurance Companies, Plaintiffs-Appellants, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK, a New Hampshire Company, Continental Insurance Company, a New Hampshire Company, and Continental Corporation, a New York Company, Defendants-Appellees. ARCO INDUSTRIES CORPORATION and Frederick C. Matthaei, Jr., Plaintiffs-Appellants, v. AMERICAN MOTORISTS INSURANCE COMPANY, Defendant-Appellee.

Supreme Court of Michigan.

Decided January 21, 1998.

Attorney(s) appearing for the Case

Honigman, Miller, Schwartz & Cohn by Jay E. Brant, Philip A. Grashoff, Jr., and Mark A. Goldsmith, Detroit, and Butler, Durham & Willoughby by Sidney D. Durham, Parchment, for Plaintiffs-Appellants.

Miller, Canfield, Paddock & Stone by Kevin J. Moody and Clifford T. Flood, Lansing, and Drinker, Biddle & Reath LLP by T. Andrew Culbert and Paul H. Saint-Antoine, Philadelphia, PA, for Defendant-Appellee.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Harry G. Iwasko, Jr., Assistant Attorney General, Lansing, amici curiae, for State of Michigan.

Honigman, Miller, Schwartz & Cohn by Jay E. Brant, Philip A. Grashoff, Jr., and Mark A. Goldsmith, Detroit, amici curiae, for Masco Corporation, MascoTech, Inc., The Star Oil Company, Inc., and Collins & Aikman Products Co.

Butzel, Long by Frank B. Vecchio, Jack D. Shumate, John H. Dudley, Jr., and Edward M. Kalinka, Birmingham, amici curiae, for Petroleum Specialties, Inc.

Opinion

MALLETT, Chief Justice.

We granted leave in these consolidated cases to determine whether the Court of Appeals properly adopted the "manifestation trigger theory" to deny coverage under standard comprehensive general liability and umbrella excess insurance policies allegedly issued by the defendant insurers. The policies essentially provided coverage for an "occurrence" taking place within the policy period. Plaintiffs sought coverage for expenses...

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