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Dimmitt Chevrolet, Inc. v. Southeastern Fidelity Insurance Corp.

Florida Supreme Court

636 So. 2d 700 (Fla. 1993)

Relevant factsFree

Dimmitt (plaintiff) was named a potentially responsible party for gradual environmental pollution caused by recycled oil it sold to a third party over a five-year period, and sought indemnification from its insurer Southeastern (defendant) under a CGL policy covering "sudden and accidental" pollution events; the trial court agreed with Southeastern that the policy's temporal limitation excluded gradual, multi-year pollution from coverage.

IssueFree

Whether comprehensive general liability insurance covering "sudden and accidental" events contains a temporal aspect such that it will not cover unexpected or unintended harm occurring over a lengthy period of time.

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