BIARD v. FARMLAND MUT. INS.

No. 96-512.

568 N.W.2d 815 (1997)

IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK FUND BOARD, Appellant, v. FARMLAND MUTUAL INSURANCE COMPANY, Appellee.

Supreme Court of Iowa.

September 17, 1997.


Attorney(s) appearing for the Case

John R. Perkins and Thomas S. Stewart of Shearer, Templer & Pingel, West Des Moines, for appellant.

Douglas A. Haag of Patterson, Lorentzen, Duffield, Timmons, Irish, Becker & Ordway, L.L.P., Des Moines, for appellee.

Eugene R. Anderson and John A. Mac-Donald of Anderson Kill & Olick, P.C., New York City, NY, John C. Hendricks of Stanley, Lande & Hunter, Davenport, and Amy Bach of United Policyholders, San Francisco, CA, for amicus curiae United Policyholders.

Mark McCormick and Roger Stetson of Belin Harris Lamson McCormick, P.C., Des Moines, Lester O. Brown of Jones, Day, Reavis & Pogue, Los Angeles, CA, and Donna C. Peavler and Britt K. Latham of Jones, Day, Reavis & Pogue, Dallas, TX, for amicus curiae IES Utilities, Inc.

Laura A. Foggan, Robert B. Bell, and Luis de la Torre of Wiley, Rein & Fielding, Washington, DC, Fred M. Haskins, Iowa Insurance Institute, Des Moines, and Frank J. Stork of Law Offices of Frank J. Stork, Des Moines, for amici curiae Insurance Environmental Litigation Association, Iowa Insurance Institute, and American Insurance Association.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, CARTER, and SNELL, JJ.


LARSON, Justice.

This appeal involves our interpretation of the word "sudden" in a pollution-exclusion provision of a comprehensive general liability insurance policy. The issue is whether "sudden" requires that the pollution occur abruptly, as a "boom event," as argued by the insurer, or whether it is sufficient that the event be merely unforeseen or unexpected, as argued by the insured. We agree with the district court's interpretation of the word sudden as including...

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