McMahon DeGulis LLP is pleased to bring you the MD Ohio Environmental Update. The Update features important state and federal cases, statutory and regulatory changes, and policy initiatives affecting environmental law in Ohio.
Tuesday, May 4, 2010
Grizzly Processing v. Wausau Underwriters Insurance, No. 7:08-266-KKC (E.D. KY March 11, 2010).
The effect of a pollution exclusion policy must be based on the specific policy in question. If the policy does not including language limiting “pollution” to that which was expected or intended by the insured, then the court should not read such a limitation into the policy. Furthermore, a federal court need not decline jurisdiction in an insurance case where the claims triggering the insurance policy arise out of state law so long as the facts supporting a state law action are already developed.
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