DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
131613P.pdf 03/25/2014 Church Mutual Insurance Co. v. Cheryl S. Green
U.S. Court of Appeals Case No: 13-1613
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Wollman, Author, with Colloton and Gruender]
Civil case - Insurance. Where plaintiffs suffered carbon monoxide
poisoning from a defective furnace, the district court did not err in
denying plaintiff's claim for coverage for their injuries based on the
pollution exclusions in the relevant policies because the Nebraska Supreme
Court would conclude that carbon monoxide constitutes a pollutant; nor did
the district court err in rejecting plaintiff's argument that the insurer
was estopped from denying coverage because of a delay in reserving its
rights.