United States Ninth Circuit

In a suit brought by an insurer seeking a judgment declaring that it had no duty to defend or indemnify its insured with respect to wrongful death suits arising from the deaths of four individuals at the insured's premises, the Ninth Circuit certifies the following two questions to the Supreme Court of Nevada: 1) Does the pollution exclusion in the insurance policy exclude coverage of claims arising from carbon monoxide exposure?; and 2) Does the indoor air quality exclusion in the insurance policy exclude coverage of claims arising from carbon monoxide exposure?

Appellate Information

• Decided 04/06/2012
• Published 04/06/2012

Judges

• Consuelo M. Callahan

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James Wayne Bradshaw, Scott A. Glogovac