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131307P.pdf 05/13/2014 United Fire & Casualty Company v. Titan Contractors Service, Inc
U.S. Court of Appeals Case No: 13-1307
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Gruender, Author, with Bright and Melloy, Circuit Judges]
Civil case - Insurance. In a declaratory judgment action raising the issue
of whether coverage and defense were barred by the "absolute pollution
exclusion" in the commercial general liability policy issued to defendant,
an ordinary person of average understanding purchasing the policy would
consider TIAH, an acrylic concrete sealant, to fall unambiguously within
the policy's definition of a pollutant; the district court erred in
finding TIAH was not a pollutant, and its order granting summary judgment
to defendant is vacated; the court would not enter summary judgment for
the insurer, however, as defendant has raised an issue, which, if correct,
would render the absolute pollution exclusion in the policy inapplicable.
Judge Bright, dissenting.