DIMMITT CHEVROLET, INC. V. SOUTHEASTERN FIDELITY INSURANCE CORP.
636 So. 2d 700 (1993)
NATURE OF THE CASE: This was a certified question of law from the United States Court of
Appeals.
FACTS: Dimmitt (P) operated two car dealerships and sold the used crankcase oil to Peak
Oil Company from 1974 to 1979. In 1983, the EPA determined that substantial pollution at
Peak's worksite had resulted from storage of its waste sludge in unlined bins. P was
designated as a possible responsible party. P agreed to undertake remedial measures without
conceding its liability under CERLA. Southeastern (D) provided a comprehensive general
liability insurance policy to P from 1972 to 1980. The policy excluded coverage for bodily
injury or property damage arising out of the discharge, dispersal, release or escape of
smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste
materials into or upon the land, the atmosphere or any water course or body of water; but
does not apply if the discharge was sudden and accidental. D filed a declaratory judgment
action against P seeking a declaration that D had no duty to defend or indemnify P under its
policy. P filed a counterclaim seeking a contrary declaration. Both side filed summary
judgment motions. The court awarded summary judgment to D; the pollution at Peak had
occurred over many years and could not be considered sudden. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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