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UNITED NUCLEAR CORP. v. ALLSTATE INS. CO.

No. 29,092.

252 P.3d 798 (2011)

2011-NMCA-039

UNITED NUCLEAR CORPORATION, Defendant/Third-Party Plaintiff/Appellant, v. ALLSTATE INSURANCE COMPANY, Third-Party Defendant/Appellee.

Court of Appeals of New Mexico.

Certiorari Granted, May 4, 2011, No. 32,939.

Attorney(s) appearing for the Case

Comeau, Maldegen, Templeman & Indall, LLP, Michael R. Comeau , Jon J. Indall , Stephen J. Lauer , Sharon W. Horndeski , Santa Fe, NM, McCarter & English, LLP, Arnold L. Natali, Jr. , J. Wylie Donald , Newark, NJ, for Appellant.

Civerolo, Gralow, Hill & Curtis, P.A., William P. Gralow , Lisa Entress Pullen , Albuquerque, NM, Nixon Peabody L.L.P., Walter T. Johnson , San Francisco, CA, for Appellee.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Edward Ricco , Mark C. Meiering , Albuquerque, NM, Andrews Kurth LLP, Jerry L. Beane , Dallas, TX, for Amicus Curiae.

OPINION

CASTILLO, Chief Judge.

{1} The United Nuclear Corporation (UNC) was sued for discharging pollutants in the course of its mining operations. Allstate Insurance Company (Allstate) provided UNC comprehensive liability insurance. Under the policies Allstate issued UNC, property damage or personal injury caused by pollution was excluded from coverage, unless such pollution was "sudden and accidental...

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