United States Eighth Circuit

A declaratory judgment in favor of insurers is affirmed where: 1) there was no abuse of discretion in denying a motion to certify an issue regarding an absolute pollution exclusion or in deciding not to abstain from the action; and 2) an "absolute" pollution exclusion provision was unambiguous and precluded a subcontractor from coverage under insurance policies for an independent contractor and his wife's negligence claims.

Appellate Information

• Decided 08/30/2006
• Published 08/30/2006

Judges

• SMITH, Circuit Judge., Before SMITH, HANSEN, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael J. Rothman, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Robert E. Salmon, argued, Minneapolis, MN, for appellee.