United States Ninth Circuit

The Court of Appeals certifies the following question to the Hawaii Supreme Court: Does a total pollution exclusion provision in a standard commercial general liability insurance policy apply to localized uses of toxic substances in the ordinary course of business, or is it limited to situations that a reasonable layperson would consider traditional environmental pollution?

Appellate Information

• Decided 07/15/2009
• Published 07/15/2009

Judges

• Before: ALEX KOZINSKI, Chief Judge, JAY S. BYBEE and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Joe P. Moss, Esquire, Lihue, HI, for Plaintiffs-Appellees., James Patrick Gallagher, Esquire, Leah M. Reyes, Esquire Henderson Gallagher & Kane, Honolulu, HI, for Defendant-Appellant.