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Decker Manufacturing Corp. v. Travelers Indemnity Co.

ELR Citation: 45 ELR 20032
Nos. 1:13-CV-820, (W.D. Mich., 02/03/2015) (Bell, J.)

A district court held that an insurance company must defend and indemnify a manufacturing company for its costs responding to contamination at a landfill. The insurer argued that the policy's pollution exclusion clause barred coverage because the company intentionally discharged its waste into the landfill. But the placement of waste into the landfill is equivalent to the placement of waste into a container. The relevant discharge, therefore, is the discharge from the landfill into the environment rather than the placement of waste into the landfill. Because there is no evidence to suggest that the company was on notice of any problems at the landfill or that the company intended or expected that its waste would be discharged from the landfill into the environment, the pollution exclusion clause does not bar coverage.