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AUTO-OWNERS INS. CO. v. HOUSING AUTHOR., CITY OF TAMPA

No. 98-565-CIV-T-26E.

121 F.Supp.2d 1365 (1999)

AUTO-OWNERS INSURANCE COMPANY, Plaintiff, v. The HOUSING AUTHORITY OF THE CITY OF TAMPA, a municipal agency; Darren Campbell, by and through his mother and next friend, Sheletha Filmore and Sheletha Filmore, individually, Defendants.

United States District Court, M.D. Florida, Tampa Division.

July 16, 1999.

Attorney(s) appearing for the Case

Matthew Charles Scarborough, Stuart & Strickland, P.A., Tampa, FL, for Auto Owners Insurance Co., plaintiff.

Charles Franklin Ketchey, Jr., Sarah H. Dennis, Ketchey, Horan, Hearn, Neukamm & Baumann, P.A., Tampa, FL, Michael S. Rywant, Rywant, Alvarez, Jones, Russo & Guyton, P.A., Tampa, FL, for City of Tampa Housing Authority, a municipal agency, defendant.

Paul S. Kimsey, Kimsey & Associates, P.A., Tampa, FL, for Darren Campbell, Sheletha Filmore, defendant.

ORDER

LAZZARA, District Judge.

Before the Court are Plaintiff's Amended Motion for Summary Judgment (Dkt.40) and Defendant Housing Authority of the City of Tampa's Response and Cross-Motion for Summary Judgment (Dkt.45).

ISSUES

The issues before this Court are 1) whether the pollution exclusion clause of the comprehensive general liability (CGL) insurance policies in this case is unambiguous and therefore no coverage exists for the...

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