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KENT COUNTY v. HOME INSURANCE COMPANY.

In lieu of granting the application for leave to appeal as cross-appellant, that portion of the judgment of the Court of Appeals holding that the "sudden and accidental" exception to the pollution exclusion clauses is not triggered here is vacated. The Court of Appeals erred in affirming summary disposition on this basis because the trial court did not reach the issue. MCR 7.302(F)(1). The matter is remanded to the trial court for a determination of whether the discharges that occurred from the landfill into the environment were "sudden and accidental." Jurisdiction is not retained. Reported below: 217 Mich. App. 250.

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KENT COUNTY v. HOME INSURANCE COMPANY
(Aug 29, 1997)