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Star Insurance Co. v. Bear Productions

ELR Citation: 43 ELR 20239
Nos. CIV-12-149-RAW, (E.D. Okla., 10/16/2013) (White, J.)

A district court held that an insurance company need not indemnify or defend a waste hauler in an underlying class action lawsuit for contamination stemming from their transport and disposal of "produced fluid waste" from oil and gas drilling operations into an open, unlined dump site. The hauler's insurance policy specifically excludes coverage for allegations of pollution, and "produced fluid waste," as described in the underlying complaint, qualifies as "pollution" based on a plain reading of the policy. Nor did the hauler's umbrella policy provide coverage, as it excludes coverage for actual or threatened pollution. The court, therefore, granted summary judgment in favor of the insurance company.