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

No. 67635-6.

998 P.2d 292 (2000)

140 Wash.2d 396

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

Supreme Court of Washington, En Banc.

Decided April 27, 2000.

Attorney(s) appearing for the Case

John A. MacDonald, Philadelphia, PA, John A. Hoglund, Olympia, Amicus Curiae on Behalf of United Policy Holders.

Jacquelyn A. Beatty, Seattle, Laura Foggan, Washington, DC, for Petitioner.

Brian Miller, Othello, for Respondent.

JOHNSON, J.

This case involves the applicability of an insurance pollution exclusion clause to a claim based on a negligence tort. The Court of Appeals ruled the clause did not apply. We affirm.

FACTS

In August 1994, Steve Gugenberger delivered diesel fuel to Kent Farms, Inc. (Kent Farms). After filling the farm's fuel storage tank, he closed the tank's intake valve and started to remove the delivery hose. Because of a faulty intake valve, fuel back...

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