United Fire & Casualty Co. v. Titan Contractors Service, Inc.

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United filed a declaratory judgment action against Titan, seeking a declaration that United did not owe a duty to defend or indemnify Titan against a pending state-court lawsuit because the policy's absolute pollution exclusion barred coverage for the claims raised in the lawsuit. Titan counter-claimed for relief. The district court granted Titan's motion and denied United's, entering a judgment declaring that United owed a duty to defend and indemnify Titan against the state-court lawsuit. The court concluded that 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 "pollutant." Because the district court premised its denial of United's motion for summary judgment exclusively on the erroneous conclusion that TIAH does not constitute a pollutant, the court vacated the district court's order. The court declined to direct the entry of summary judgment in favor of United. The court remanded for further proceedings. View "United Fire & Casualty Co. v. Titan Contractors Service, Inc." on Justia Law