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Torts Keyed to Epstein
Dimmitt Chevrolet, Inc. v. Southeastern Fidelity Insurance Corp
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiff operated two car dealerships and sold its used crankcase oil to Peak Oil Company (Peak) from 1974 to 1979. In 1983, the Environmental Protection Agency (EPA) determined that substantial pollution at Peak’s worksite had resulted from storage of its waste sludge in unlined bins. Plaintiff was designated as a possible responsible party. Plaintiff agreed to undertake remedial measures without conceding its liability under CERLA. Southeastern (Defendant) provided a comprehensive general liability insurance policy to Plaintiff from 1972 to 1980. The policy had numerous exclusions; but none of the exclusions would apply if the discharge were sudden and accidental. Defendant filed a declaratory judgment action against Plaintiff seeking a declaration that Defendant had no duty to defend or indemnify Plaintiff under its policy. Plaintiff filed a counterclaim seeking a contrary declaration. Both sides filed summary judgment motions. The court awarded summary judgment to Defenda nt; the pollution at Peak had occurred over many years and could not be considered sudden and accidental. Plaintiff appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
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