United States Second Circuit

In an action to recover under an insurance policy on a claim for building damage caused by particulate matter emanating from the collapse of the World Trade Center Towers, which the insurer denied under the contamination exclusion, summary judgment for defendant is vacated as questions of material fact pertaining to the meaning of the term "contamination" under plaintiff's all-risk policy remain for resolution by the trier of fact.

Appellate Information

• Decided 12/21/2006
• Published 12/21/2006

Judges

• MINER, Circuit Judge:, Before: MINER and CALABRESI, Circuit Judges, and RESTANI, Chief Judge, U.S. Court of Int'l Trade.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Joshua L. Mallin (Lisa N. Wall, on the brief), Weg & Myers, PC, New York, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• Lon A. Berk (Syed S. Ahmad, on the brief), Hunton & Williams, LLP, McLean, VA, for Defendant-Appellee.