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Industrial Steel Container Co. v. Fireman's Fund Ins. Co.

Citation: 17 ELR 20838
No. No. C8-86-1135, -1197, 399 N.W.2d 156/(Minn. Ct. App., 01/13/1987)

The court holds that the progressive contamination of surface water and groundwater from a hazardous waste disposal site constitutes an occurrence under the insured's comprehensive general liability insurance policies. The court, applying the actual injury rule to determine whether property damage occurred during the policy periods, rules that there can be more than one occurrence where property damage results from continuous or repeated exposure. The court holds that although the contamination was initially manifested before the effective dates of the policies, property damage occurred under the policies because the contamination continued into the policy periods.

Counsel for Respondent
John P. Lommen, Kay Nord Hunt
Lommen, Nelson, Cole & Stageberg
1100 Twin City Fed'l Tower, Minneapolis MN 55402
(612) 339-8131

Counsel for Appellant
M. Paul Gorfinkel, William M. Savino, Daniel A. Bartoldus
Rivkin, Radler, Dunne & Bayh
EAB Plaza, Uniondale NY 11556-0111
(516) 357-3000

Counsel for Amicus Curiae
Thomas W. Brunner, Laura A. Foggan
Piper & Marbury
888 16th St. NW, Washington DC 20006
(202) 785-8150

Heard, considered, and decided by CRIPPEN, P.J., and LANSING and LESLIE, JJ.