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053594P.pdf   08/30/2006  Continental Casualty  v.  Advance Terrazzo
   U.S. Court of Appeals Case No:  05-3594
   District of Minnesota   
   [PUBLISHED] [Smith, Author, with Hansen and Colloton, Circuit Judges]
   Civil Case - diversity - declaratory judgment. Insurer did not owe 
   duty to defend contractor for subcontractor's injuries after falling
   as a result of carbon monoxide emission from contractor's propane-powered
   grinders based on the absolute pollution exclusion provision in general
   liability policy. District court did not abuse its discretion in not
   certifying question to Minnesota Supreme Court whether absolute pollution
   exclusion barred coverage for carbon monoxide emitted during ordinary
   business activities and did not abuse its discretion in not staying or
   abstaining as there was no parallel state court action. Exclusion is
   unambiguous and applies to deny coverage.