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RICKS v. KENTWOOD OIL CO., INC.

Nos. 2009 CA 0677, 2009 CA 0678.

38 So.3d 363 (2010)

John Allen RICKS and Rita Jane Ricks, Individually, and On Behalf of Their Minor Child, Jennifer B. Ricks v. KENTWOOD OIL COMPANY, INC., Wade and Wanda Royals, Caryn Diddon, Jimmy Tate, Mitchell McIntyre, and Gerald Davis Leo Ricks v. Kentwood Oil Company, Inc., Wade and Wanda Royals, Caryn Diddon, Jimmy Tate, Mitchell McIntyre, and Gerald L. Davis.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 25, 2010.

Attorney(s) appearing for the Case

Lewis O. Unglesby, Robert M. Marionneaux, Jr., Baton Rouge, LA, for Plaintiffs/Appellees John Allen Ricks, Rita Jean Ricks, Jennifer Ricks and Leo Ricks.

Edward A. Rodrigue, Jr., Metairie, LA, and Frank Winston, Jr., Washington, D.C., for Defendant/Appellant United States Fidelity and Guaranty Company.

Before CARTER, C.J., KUHN, GUIDRY, PETTIGREW, and HUGHES, JJ.

GUIDRY, J.

An insurer appeals a judgment awarding plaintiffs damages for fear of cancer and property damage. Finding merit in the insurer's contention that there was no coverage under the policies issued for the damages established by the plaintiffs, we reverse.

FACTS AND PROCEDURAL HISTORY

In the fall of 2000, it was reported that the underground storage tank (UST) at the Bolivar Grocery Store in Kentwood, Louisiana was leaking gasoline. The leakage...

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