Just v. Land Reclamation Ltd.

456 N.W.2d 570, 155 Wis. 2d 737, 20 Envtl. L. Rep. (Envtl. Law Inst.) 21407, 1990 Wisc. LEXIS 261
CourtWisconsin Supreme Court
DecidedJune 19, 1990
Docket88-1656
StatusPublished
Cited by155 cases

This text of 456 N.W.2d 570 (Just v. Land Reclamation Ltd.) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Just v. Land Reclamation Ltd., 456 N.W.2d 570, 155 Wis. 2d 737, 20 Envtl. L. Rep. (Envtl. Law Inst.) 21407, 1990 Wisc. LEXIS 261 (Wis. 1990).

Opinions

WILLIAM A. BABLITCH, J.

Plaintiffs in this case are property owners in Racine county who live near a landfill site operated by Land Reclamation, Ltd. (LRL). The plaintiffs' complaint alleges that the landfill was the source of unexpected and unintended pollution causing them bodily injury and property damage. The liability insurance policy issued by Bituminous Casualty Corporation (Bituminous) to LRL excluded pollution damages unless such damages were "sudden and accidental."

The court of appeals agreed with Bituminous that the word "sudden" in the phrase "sudden and accidental" unambiguously means abrupt and immediate and therefore the damages alleged do not come within the coverage of the policy. The property owners argue that their damages are covered by the policy because the word "sudden" is ambiguous and may reasonably mean unexpected and unintended. The phrase is not defined in the policy. Recognized dictionaries differ in the primary meaning of the word. The insurance industry itself has attached different meanings to the word at different times.

We conclude that the word is reasonably susceptible to different meanings and is therefore ambiguous. It is a [742]*742long standing principle of law that any ambiguity in an insurance contract must be construed in favor of the insured, particularly when such ambiguity appears, as it does here, in an exclusionary clause. We therefore hold that unexpected and unintended pollution damages are not excluded from coverage in the insurance policy. The decision of the court of appeals is reversed, and the matter is remanded to the trial court for further proceedings.

The LRL landfill is licensed for operation as a sanitary landfill by the Wisconsin Department of Natural Resources. In 1987, the plaintiffs commenced this action against LRL. Subsequently, Bituminous was pleaded into the action in the plaintiffs' second amended complaint.

Plaintiffs generally allege that over the course of time LRL operated the landfill negligently and in violation of federal, state and local law, rules, ordinances and regulations, resulting in water contamination, noise, dust, smells and blowing garbage. Individual plaintiffs also allege assorted medical problems and a local increase in the pest population. The allegations do not pinpoint any specific dates of discharges within the policy period.

Bituminous issued comprehensive general liability, comprehensive catastrophe liability and commercial umbrella liability policies to LRL from 1971 until September 1,1986. The policies contained the following language in exclusion (f), the pollution exclusion:

This insurance does not apply:
(f) to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or [743]*743body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental. . ..

All of the policies issued by Bituminous to LRL afforded coverage for damages caused by an "occurrence." The final set of policies, covering periods from 1980 through 1986, defined "occurrence" as: "an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured[.]"1

The policies also included a duty to defend clause. In July 1987, Bituminous originally undertook to defend LRL, but it withdrew in January, 1988, denying coverage for the allegations in the lawsuit citing the applicable policy provisions, and, in particular, exclusion (f), the policy's pollution exclusion. Bituminous then filed a motion for summary judgment in July, 1988, on grounds that the applicable policy provisions did not provide coverage for LRL for the facts as alleged in the plaintiffs' complaint and the facts of the case.

The trial court granted Bituminous' motion for summary judgment. In its memorandum decision dated August 3, 1988, the trial court cited three Wisconsin cases as controlling, Clark v. London & Lancashire Indemnity Co., 21 Wis. 2d 268, 124 N.W.2d 29 (1963); City of Milwaukee v. Allied Smelting Corp., 117 Wis. 2d 377, 344 N.W.2d 523 (Ct. App. 1983); and State v. Mauthe, 142 Wis. 2d 620, 419 N.W.2d 279 (Ct. App. [744]*7441987). Based on these cases, the trial court found that the term "sudden and accidental" did not apply to pollution damage occurring over a substantial period of time. The trial court then determined, based on this construction, that the record in this case did not contain any allegations of any events which raised genuine issues of material fact that could result in coverage. LRL appealed, and the plaintiffs joined LRL as intervenors on the appeal.

The court of appeals affirmed the trial court's grant of summary judgment concluding that the phrase "sudden and accidental" unambiguously means accidental and immediate. LRL petitioned this court for review pursuant to sec. 808.10, Stats., and we granted the petition.

The dispositive issue in this case is one of contract interpretation. The insurance policy itself does not define the meaning of the terms "sudden and accidental." The interpretation of words or clauses in an insurance contract is a question of law which this court decides independently of the decisions of the lower courts. Garriguenc v. Love, 67 Wis. 2d 130, 133, 226 N.W.2d 414 (1975).

In interpreting the definition of the phrase "sudden and accidental," we must first determine whether the language is ambiguous when used in the context of the policy's exclusionary clause.2 Words or phrases in a contract are ambiguous when they are susceptible to more [745]*745than one reasonable interpretation. Katze v. Randolph & Scott Mut. Fire Ins., 116 Wis. 2d 206, 213, 341 N.W.2d 689, 692 (1984). If we determine that the phrase is ambiguous, we must construe the ambiguity in favor of coverage.

Bituminous argues that the phrase "sudden and accidental" unambiguously means abrupt or immediate. We agree that one meaning of the phrase "sudden and accidental" is abrupt or immediate; we disagree that such definition is the only meaning that can reasonably attach to the phrase. When determining the ordinarily understood meaning of a word or phrase, it is appropriate to look to definitions in a recognized dictionary. Lawver v. Boling, 71 Wis. 2d 408, 414, 238 N.W.2d 514 (1976). In doing so, we find that recognized dictionaries differ on the meaning of the term "sudden." Webster's Third New International Dictionary (1986) defines "sudden" in a variety of different ways. Webster's first defines the term as "happening without previous notice . . . occurring unexpectedly . . . not foreseen . . .." Id. at 2284. Only later does Webster's define the word "sudden" in any sense of timeliness, listing the synonyms "prompt" and "immediate." Id. In contrast, the Random House Dictionary of the English Language, (2d ed. 1987), first defines the word "sudden" in temporal terms as "happening, coming, made, or done quickly . . .." Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Babcock v. Town of Sugar Creek
E.D. Wisconsin, 2021
Enbridge Energy Company, Inc. v. Dane County
2019 WI 78 (Wisconsin Supreme Court, 2019)
United Nuclear Corp. v. Allstate Insurance
2011 NMCA 39 (New Mexico Court of Appeals, 2011)
Jackson v. McKAY-DAVIS FUNERAL HOME, INC.
717 F. Supp. 2d 809 (E.D. Wisconsin, 2010)
PALISADES COLLECTION LLC v. Kalal
2010 WI App 38 (Court of Appeals of Wisconsin, 2010)
Marriage of Waters v. Waters
2007 WI App 40 (Court of Appeals of Wisconsin, 2007)
Gulmire v. St. Paul Fire & Marine Insurance
2004 WI App 18 (Court of Appeals of Wisconsin, 2003)
Johnson Controls, Inc. v. Employers Insurance of Wausau
2003 WI 108 (Wisconsin Supreme Court, 2003)
Morrow Corp. v. Harleysville Mutual Insurance
101 F. Supp. 2d 422 (E.D. Virginia, 2000)
In Re Tutu Water Wells Contamination Litigation
78 F. Supp. 2d 456 (Virgin Islands, 1999)
U.S. Fire Insurance v. Green Bay Packaging, Inc.
66 F. Supp. 2d 987 (E.D. Wisconsin, 1999)
Fernandez v. Strand
63 F. Supp. 2d 949 (E.D. Wisconsin, 1999)
Guenther v. City of Onalaska
588 N.W.2d 375 (Court of Appeals of Wisconsin, 1998)
Rhein Building Co. v. Gehrt
21 F. Supp. 2d 896 (E.D. Wisconsin, 1998)
Estate of Ermenc Ex Rel. Ermenc v. American Family Mutual Insurance
585 N.W.2d 679 (Court of Appeals of Wisconsin, 1998)
Hyde Athletic Industries, Inc. v. Continental Casualty Co.
969 F. Supp. 289 (E.D. Pennsylvania, 1997)
Sinclair Oil Corp. v. Republic Insurance Co.
929 P.2d 535 (Wyoming Supreme Court, 1996)
Drexel Chemical Co. v. Bituminous Insurance Co.
933 S.W.2d 471 (Court of Appeals of Tennessee, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
456 N.W.2d 570, 155 Wis. 2d 737, 20 Envtl. L. Rep. (Envtl. Law Inst.) 21407, 1990 Wisc. LEXIS 261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/just-v-land-reclamation-ltd-wis-1990.