United States Sixth Circuit

District court correctly ruled that defendants owed plaintiff both a duty to defend and a duty to indemnify under certain commercial general liability insurance policies. While the insured intended to dump the debris, the fact that it did so without permission, thus making it wrongful, was unintended; there is coverage where there has been physical injury to tangible property that is not the insured's "work."

Appellate Information

• Argued 12/11/2003
• Decided 03/04/2004
• Published 03/04/2004

Judges

• Before ROGERS and COOK, Circuit Judges;  BERTELSMAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• J. Robert Hall (argued and briefed), Michael M. Marick (briefed), Meckler, Bulger & Tilson, Chicago, IL, for Appellants.


• For Appellees:
  
• J. Brooke Lathram (argued and briefed), Burch, Porter & Johnson, Memphis, TN, for Appellee.