The Limits Of FLM V. Cincinnati Insurance

Law360, New York (August 31, 2012, 1:40 PM EDT) -- In an unusual decision employing contorted contractual construction, an Indiana appellate court on Aug. 28, 2012 explained that an insured that intentionally left 100,000 tons of sand on property it once leased, has caused a “personal injury” to the land and that this “personal injury” is covered by the insured’s general liability insurance.

The concurring opinion found coverage was owed because the standard “occurrence” definition in the policy creates an ambiguity as to whether the policy requires the cause of the injuries to be “accidental” or...
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