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Doe Run Resources Corp. v. Lexington Insurance Co.

ELR Citation: 43 ELR 20135
Nos. 12-2215, (8th Cir., 06/13/2013)

The Eighth Circuit held that under Missouri law, an insurance company has no duty to defend a lead producer in an underlying lawsuit alleging environmental property damage resulting from the lead producer's mine and mill operations. The policy contained an absolute pollution exclusion clause, and here, each of the tort causes of action were premised on allegations that the lead producer caused the "release" or "discharge" of "hazardous wastes," "toxic substances," and "contaminants," mirroring the language of the policy's absolute pollution exclusion. The court found it "hard to imagine a more perfect overlap" between the allegations in the underlying complaint and the operative language of the pollution exclusion.