123498P.pdf   06/13/2013  The Doe Run Resources Corp.  v.  Lexington Insurance Company
   U.S. Court of Appeals Case No:  12-3498
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Loken, Author, with Gruender, Circuit Judge, and Wimes, 
   District Judge]
   Civil case - Insurance. In a declaratory judgment action 
   to determine whether the insurer had a duty to defend Doe Run in two 
   lawsuits seeking damages from operation of Doe Run's waste pile known as the 
   "Leadwood Pile," the district court correctly determined that the insurance 
   policy's pollution exclusions unambiguously applied to claims that Doe Run 
   tortiously released pollutants into the environment and thereby barred a 
   duty to defend in one of the suits; however, the second suit included 
   allegations not found in the other action - that Doe Run distributed the 
   chat and tailings into the community for use on roads and in buildings and 
   children's sandboxes - and these allegations are not based on the 
   inadvertent release of pollutants; this claim, that plaintiffs were injured 
   by distribution of toxic materials, potentially fell within the policies' 
   coverage and created a duty to defend; additionally, the complaint in this 
   action also included claims that Doe Run created an attractive nuisance by 
   leaving the Leadwood Pile open and available to the general public, an 
   allegation which was not unambiguously barred by the pollution exclusions.