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Pollution exclusion clause

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...

Cincinnati Ins. Co. v. Becker Warehouse, Inc.

The court affirms a lower court holding that a pollution exclusion clause in a warehouse owner's commercial general liability insurance policy excludes coverage of contamination from xylene fumes. Contractors building an addition to the...

Indiana Lumbermens Mut. Ins. Co. v. West Or. Wood Prods., Inc.

The court affirmed a district court holding that pollution exclusion clauses in two comprehensive general liability policies issued by an insurer to an Oregon lumber company precluded the insurer's duty to defend the company from a...

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...

Auto Owners Ins. Co. v. Tampa Hous. Auth., City of

The court holds that an insurance company is liable for neither indemnification nor defense costs incurred by a housing authority in a suit brought by a mother whose child suffered injuries from lead paint on the walls of the authority'...

Advanced Envtl. Tech. Corp. v. Brown

The court holds that an insurance agent is liable to a hazardous waste removal company for the negligent misrepresentation of an insurance contract that was supposed to provide basic pollution coverage to the removal company's...

Aetna Casualty & Sur. Co. v. Goodyear Tire & Rubber Co.

The court affirms in part and reverses in part a lower court's grant of summary judgment and directed verdicts in favor of numerous insurance carriers from which a tire company sought defense and indemnity coverage for environmental...

South Dakota State Cement Plant Comm'n v. Wausau Underwriters Ins. Co.

The court holds that an insurer had no duty to defend a cement manufacturer in a suit brought by property owners and individuals alleging damages caused by the manufacturer's emissions. The manufacturer's insurance policy includes an...

Power Eng'g Co. v. Royal Ins. Co. of Am.

The court holds that under Colorado law, an insurer has no duty to defend or indemnify an industrial crankshaft reconditioning company that was the subject of state and federal lawsuits for spilling chromic acid at its plant, thereby...

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...