United States Seventh Circuit

In an action for breach of contract arising from defendant's refusal to defend a mutual insured in a class action alleging that insured's gas station contaminated groundwater in a residential neighborhood, judgment that defendant's policy excluded this type of claim in granting summary judgment in favor of defendant is affirmed where: 1) the pollution exclusion in defendant's policy was sufficiently explicit to exclude gasoline contamination from coverage; and 2) the district court did not err in holding that neither the excess liability coverage nor the products-completed operations hazard coverage contained in the supplemental defendant's umbrella policy provide grounds for the relief that plaintiff seeks.

Appellate Information

• Decided 03/25/2010
• Published 03/25/2010

Judges

Court

• United States Seventh Circuit

Counsel