California Court of Appeal
Villa Los Alamos Homeowners Assn. v. State Farm Gen. Ins. Co., A128443
In a first party property insurance coverage dispute, judgment of the trial court in favor of the defendant is affirmed where: 1) MacKinnon's interpretation limiting the scope of pollution exclusion in a standard comprehensive general liability policy to environmental pollution governs the interpretation of a comparable pollution exclusion in a first party property insurance policy; and 2) the disturbing of asbestos during the scraping of acoustical “popcorn” ceilings in a residential building thereby releasing asbestos fiber into the air does constitute environmental pollution such that the pollution exclusion provision in subject insurance policy precludes coverage for remediation cleanup work.
Appellate Information
- Decided 08/17/2011
- Published 08/17/2011
Judges
- Reardon
Court
- California Court of Appeal