RACETRAC PETROLEUM, INC v ACE AMERICAN INSURANCE COMPANY
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"53. The Bunns and William Complaints allege that the actual cause of the plaintiffs' damages was at least partially the fault of a party other than RaceTrac. Specifically, those Complaints allege that "the Defendants, Detsco and Cobb, performed renovations on the station and allowed the lines to be routed into a console in or about the cash registered [sic] which caused fumes to be inha led by the Plaintiff on a daily basis . That because of the improper installation and the failure of the Defendants, Detsco and Cobb, to place a vapor recovery system [sic] the Plaintiff was overly exposed to fumes ." See Ex. C ¶4; Ex. D ¶4; Ex. E ¶4.
54. In light of the foregoing, it would violate the public policy of Georgia to allow ACE to sell a liability policy to RaceTrac that contains an exclusion for damages resulting from gasoline or one of its constituent compounds."