Nunn v. Franklin Mut. Ins. Co., 274 N.J.Super. 543, 644 A.2d 1111 (App. Div. 1994)

Practice Areas: Environmental & Toxic Tort Litigation

Insureds brought declaratory judgment suit seeking determination of coverage under commercial multiperil policy for damages caused when above ground fuel oil storage tank ruptured. Cross-motions for summary judgment were made. The Superior Court, Law Division, Sussex County, entered summary judgment in favor of insurer. Appeal was taken. The Superior Court, Appellate Division, Keefe, J.A.D., held that: (1) endorsement unambiguously excluded coverage for pollution damages, and (2) reasonable expectations doctrine did not apply.

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