Hybud Equipment Corp. v. Sphere Drake Insurance

597 N.E.2d 1096, 64 Ohio St. 3d 657, 36 ERC (BNA) 1297, 1992 Ohio LEXIS 1951
CourtOhio Supreme Court
DecidedSeptember 16, 1992
DocketNo. 91-641
StatusPublished
Cited by363 cases

This text of 597 N.E.2d 1096 (Hybud Equipment Corp. v. Sphere Drake Insurance) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hybud Equipment Corp. v. Sphere Drake Insurance, 597 N.E.2d 1096, 64 Ohio St. 3d 657, 36 ERC (BNA) 1297, 1992 Ohio LEXIS 1951 (Ohio 1992).

Opinion

Christley, J.

In their appeal before this court, the three insureds, IEL, Hybud and Budoff, have raised four issues concerning their right to a jury trial and the sufficiency of the damages award. In its cross-appeal, Sphere Drake has also raised a number of issues, the majority of which pertain to the proper interpretation of the language in the two policies.

[661]*661For the reasons which follow, this court finds that it is not necessary for us to address the majority of these issues, since the determination of the following single issue will control the outcome in this case. Specifically, we conclude that Sphere Drake was not under an obligation to defend the insureds in the three underlying actions because the claims in those actions were excluded from coverage by the pollution exclusion in each of the two policies. Accordingly, the judgments of both the trial and appellate courts are reversed.

I

As previously noted, in rejecting Sphere Drake’s argument as to the application of the pollution exclusion in this case, the appellate court relied heavily upon its prior decision in Buckeye Union, supra. In that case, Liberty Solvents, the insured, was named as a defendant in an action involving the cleanup of a hazardous waste facility. The complaint in the underlying lawsuit alleged that Liberty Solvents had contracted with Chem-Dyne to dispose of its waste, and that this waste had escaped from containers and filtered into the surface water, soil, and groundwater of the surrounding area.

As in the instant case, Liberty Solvents requested that its insurer, Buckeye Union, defend it in the lawsuit. In response, Buckeye Union initiated a declaratory judgment action, seeking a determination that it was not obligated to defend under the policy.

In reversing the summary judgment in favor of Buckeye Union, the Ninth Appellate District first held that the release of pollutants and the resultant damages constituted an “occurrence” 1 to which the policy applied. In the Buckeye Union policy, the term “occurrence” was defined in the following manner:

“ ‘ “[Occurrence” means an accident, including continuous or repeated exposure to conditions, which results in * * * property damage neither expected nor intended from the standpoint of the insured[.]’ ” Id., 17 Ohio App.3d at 131, 17 OBR at 230, 477 N.E.2d at 1232.

[662]*662Notwithstanding the exact language of the definition, the court concluded that the term “occurrence” encompassed more than accidents, and was synonymous with the word “event.” The court also emphasized that even if the release of the pollutants was intentional, the actions of the insured could still be an “occurrence” if the resulting damages were not intended or expected.

The Buckeye Union court then turned its attention to the pollution exclusion in the policy. The language of that provision was virtually identical to the exclusion in the policy now before this court. Essentially, the exclusion stated that the coverage did not apply to any bodily harm or property damages resulting from the release or escape of pollutants into or upon land, air or water. The final clause in the exclusion then stated that the exclusion did not apply if the release or escape is “sudden and accidental.”

In analyzing the exception to the exclusion, the court began by concluding that the phrase “sudden and accidental” was ambiguous, and accordingly had to be construed against the insurer. The court then quoted from other decisions which had determined that the word “sudden” should not be interpreted as being limited to an instantaneous happening, but should cover any release or escape which was unexpected by the insured. By following this interpretation, the court read “sudden and accidental” as having the same meaning as the phrase “neither expected nor intended” in the definition of occurrence:

“ ‘When viewed in light of the case law cited, the clause can be interpreted as simply a restatement of the definition of “occurrence” — that is, that the policy will cover claims where the injury was “neither expected nor intended.” It is a reaffirmation of the principle that coverage will not be provided for intended results of intentional acts, but will be provided for the unintended results of an intentional act.’ ” Id. at 133, 17 OBR at 232, 477 N.E.2d at 1234, quoting Jackson Twp. Mun. Util. Auth. v. Hartford Acc. & Indemn. Co. (1982), 186 N.J.Super. 156, 164, 451 A.2d 990, 994.

Applying this logic to the facts of that case, the Buckeye Union court held that the exception to the pollution exclusion applied, since the release of pollutants had been unexpected and unintended by the insured. Accordingly, that court found that the insured was entitled to a defense and indemnity in the underlying lawsuit. (The court also found an obligation to indemnify, but that issue was not argued on appeal.)

II

During its discussion of the pollution exclusion, the Buckeye Union court stated that the “overwhelming authority from other jurisdictions” supported [663]*663its interpretation of the “sudden and accidental” phrase. Id., 17 Ohio App.3d at 132, 17 OBR at 231, 477 N.E.2d at 1234. While this may have been true in 1984, recent decisions have rejected the holding of Buckeye Union.

A prime example of this recent trend is the decision of the North Carolina Supreme Court in Waste Mgt. of Carolinas, Inc. v. Peerless Ins. Co. (1986), 315 N.C. 688, 340 S.E.2d 374. There, the insured was engaged in the business of hauling waste materials and disposing of them in a local landfill. When the owners of the landfill were sued by the United States, the insured was added as a third-party defendant. As in the instant case, when its insurer refused to defend it, the insured brought a declaratory judgment action.

Upon reviewing the language of the pollution exclusion and the definition of “occurrence,” the Supreme Court of North Carolina held that the provisions were not ambiguous because the language could reasonably be interpreted in only one manner:

“We do not perceive these provisions to be either ambiguous or, except for the repeated appearance of ‘accident,’ redundant. In our view, this is an instance where nontechnical words (except for ‘occurrence,’ which is defined in the policy) can be given the same meaning they usually receive in ordinary speech. Nor does their context require us to do otherwise.” (Footnote omitted.) Id. at 694, 340 S.E.2d at 379.

The North Carolina court then went on to conclude that the word “sudden” had to be interpreted as having a temporal aspect, and that it could not be read to include releases which occur over a long period of time: “The exception also describes the event — not only in terms of its being unexpected, but in terms of its happening instantaneously or precipitantly.” Id. at 699, 340 S.E.2d at 382.

Turning to the specific facts before it, the Waste Mgt.

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Bluebook (online)
597 N.E.2d 1096, 64 Ohio St. 3d 657, 36 ERC (BNA) 1297, 1992 Ohio LEXIS 1951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hybud-equipment-corp-v-sphere-drake-insurance-ohio-1992.