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Andersen v. Highland House Co.

The court holds that carbon monoxide emitted from a malfunctioning residential heater is not a pollutant under the pollution exclusion clause of a comprehensive general liability policy, and, thus, the insurer has a duty to indemnify...

Freidline v. Shelby Ins. Co.

The court holds that an insurance company must defend and indemnify building owners who were sued by telemarketers who worked in the building and were injured from exposure to fumes from carpet glue used to recarpet the building. The...

Blackhawk-Central City Sanitation Dist. v. American Guarantee & Liab. Ins. Co.

The court grants in part a petition to clarify an April 11, 2000, decision in which it applied Colorado law and reversed a district court holding that the pollution exclusion clause in one of two policies held by a sanitation district...

Kent Farms, Inc. v. Zurich Ins. Co.

The court holds that a pollution exclusion clause does not apply to a claim based on a negligence tort. A fuel delivery man brought a negligence claim against a farm after the farm's faulty underground storage tank intake valve caused...

Blackhawk-Central City Sanitation Dist. v. American Guarantee & Liab. Ins. Co.

The court, applying Colorado law, reverses a district court decision holding that the pollution exclusion clause in one of two insurance policies held by a Colorado sanitation district precluded an insurer from having to defend the...

Meridian Mut. Ins. Co. v. Kellman

The court affirms a district court holding that a total pollution exclusion clause does not exempt an insurer from defending a painting company for an individual's personal injuries caused by exposure to toxic chemicals that were used...

Briggs & Stratton Corp. v. Royal Globe Ins. Co.

The court holds that a manufacturer's failure to provide its insurer with adequate notice of a potential Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claim negates the insurer's liability under the...

Nautilus Ins. Co. v. Jabar

The court upholds the granting of summary judgment to an insured based on the ambiguity of terms used in the total pollution exclusion clause in the insurance policy. The court first holds that the total pollution exclusion clause is...

Compass Ins. Co. v. Littleton, City of

The court holds that insurers have a duty to defend two cities that disposed of sewage sludge at a landfill that became a Comprehensive Environmental Response, Compensation, and Liability Act (CER-CLA) site. The court first holds that...

Hawkins Chem., Inc. v. Westchester Fire Ins. Co.

The court holds that two insurance companies breached their duty to defend a chemical distributor in a class action alleging personal injuries caused by toxic fumes from a warehouse fire. The court first holds that a pollution exclusion...