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GREENVILLE CO. v. INSURANCE RESERVE FUND

3/1/1993

eption of the pollution exclusion clause, the complaint must allege damage from a release that was abrupt and precipitant.


Upon examination of the 1990 complaints, we do not find any express or implied allegation that the contamination was the result of a sudden dispersal, escape or release. Instead, the complaints allege a "regular dumping" of hazardous waste by certain manufacturers and a contamination therefrom. The only way pollution claims would be covered under this policy is if they are the result of a sudden and accidental release. Consequently, these allegations do not contain facts which would bring these claims within policy coverage. As there is no possibility of coverage under the policy, the Fund has no duty to defend the underlying suits. We accordingly reverse the order of the lower court and remand for entry of judgment consistent with this opinion.


Reversed and remanded.


CURETON and GOOLSBY, JJ. concur.






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