United States Eighth Circuit

In a declaratory judgment action seeking a ruling that a pollution exclusion in defendant's insurance policy relieved plaintiff of any obligation to defend or indemnify defendant, summary judgment for plaintiff is affirmed where: 1) in the insurance policy coverage context, a declaratory judgment action is ripe irrespective of whether the underlying litigation is ongoing or resolved; and 2) the underlying complaint made clear the relofted particulates at issue were toxic, and therefore, would qualify as "pollutants" under the policy.

Appellate Information

• Decided 09/08/2010
• Published 09/08/2010

Judges

• William J. Riley

Court

• United States Eighth Circuit

Counsel