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American Bumper and Manufacturing Company v. Hardford Fire Insurance Company, 452 MICH 440 (1996): Supplemental Brief of the Amicus Curiae Michigan Association of Insurance Companies in Support of the Manifestation Trigger Theory
- First published
- 1996
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Where it came from
This document is a supplemental amicus curiae brief filed during the litigation of American Bumper and Manufacturing Company v. Hartford Fire Insurance Company, a landmark case decided by the Michigan Supreme Court in 1996. The case centered on the interpretation of comprehensive general liability insurance policies regarding environmental contamination, specifically addressing the timing of an occurrence and the triggering of coverage under the manifestation versus injury-in-fact theories.
The brief was authored by the Michigan Association of Insurance Companies to advocate for the manifestation trigger theory, which posits that an insurer's duty to defend or indemnify is triggered when environmental damage becomes reasonably discoverable. The legal writing reflects the standard rigorous style of Michigan appellate practice, intended to persuade the court that a clear, objective trigger point provides necessary certainty for the insurance industry in complex toxic tort and pollution remediation claims.
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