# State Auto Property & Casualty Insurance v. Arkansas Department of Environmental Quality

> Supreme Court of Arkansas · June 14, 2007 · 370 Ark. 251

URL: https://www.frixlaw.com/law-library/cases/9641219

## Case

- **Full name:** STATE AUTO PROPERTY & CASUALTY INSURANCE COMPANY v. the ARKANSAS DEPARTMENT of ENVIRONMENTAL QUALITY; Shirley A. Burch, as Trustee of the Charles E. and Shirley A. Burch Living Trust; Glenda O’Regan; Harbor General Store, Inc.; And Joplin Development, L.L.C.
- **Court:** Supreme Court of Arkansas
- **Decided:** June 14, 2007
- **Citations:** 370 Ark. 251; 258 S.W.3d 736; 2007 Ark. LEXIS 378
- **Precedential status:** Published
- **Opinion:** Concurring in part by Corbin
- **Judges:** Robert L. Brown
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9641219

## Opinion text

L. Corbin, Justice, concurring in part and dissenting in part. While I agree with the majority opinion reversing the instant case, I respectfully dissent with regard to the majority’s failure to overrule Minerva Enterprises, Inc. v. Bituminous Casualty Corp., 312 Ark. 128 , 851 S.W.2d 403 (1993), and its decision to apply it to the present case. Just as I did fourteen years ago, I feel that Minerva was wrongly decided because the Minerva policy, which is virtually identical to the State Farm policy here, did not contain ambiguous language. I hold true to my analysis in Minerva that “[a]ny reasonable and common sense interpretation of the word ‘sewage’ would classify sewage as a ‘contaminant.’ ” Id. at 137 , 851 S.W.2d at 407 . Similarly, any reasonable and common sense interpretation of the word “gasoline” would classify gasoline as an “irritant” or “contaminant.” Since gasoline qualifies as an irritant or contaminant, any property damage arising from the actual discharge or seepage of gasoline is excluded under the terms of the policy.
The trial court erred in granting summary judgment in favor of Appellees and the judgment should be reversed. For this reason, I dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9641219. Public record. Not legal advice.