ADMIRAL INS. CO. v. FEIT MANAGEMENT CO.

No. 01-10331.

321 F.3d 1326 (2003)

ADMIRAL INSURANCE COMPANY, Plaintiff-Counter-Defendant, v. FEIT MANAGEMENT COMPANY, Terra Cotta Place Apartments, Inc., a Florida corporation, et al., Defendants-Appellees, Twin City Fire Insurance, National Surety Corporation, Reliance National Insurance Company, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

As Corrected on Denial of Rehearing March 20, 2003.


Attorney(s) appearing for the Case

Darrel M. Seife, Rutherford, NJ, William G. Edwards, Rosemary Balanky Wilder, Marlow, Connell, Valerius, Abrams & Adler, Miami, FL, Bradley Steven Fischer, Melito & Adolfsen, Fort Lauderdale, FL, Charles F. Morrissey, Wayne S. Karbal, Karbal, Cohen, Economou & Dunne, Chicago, IL, for Defendants-Appellants.

Brian P. Knight, Hinda Klein, Conroy, Simberg & Ganon, P.A., Hollywood, FL, Elizabeth Koebel Russo, Russo Appellate Firm, P.A., Glen R. Goldsmith, Glen R. Goldsmith & Associates, Miami, FL, for Defendants-Appellees.

Before CARNES, HILL and FARRIS, Circuit Judges.


HILL, Circuit Judge:

Insurance companies filed a declaratory judgment action, under our diversity jurisdiction, seeking a determination as to the applicability of the pollution exclusion clause and the exception to it found in various insurance contracts. The district court found coverage, and the insurers appealed.

I.

In January of 2000, carbon monoxide fumes, from an improperly vented water heater in an apartment complex, flowed into the attic...

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