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.