9th Circ. Asks Hawaii Court For Pollution Clause Ruling

Law360, New York (July 17, 2009, 5:04 PM EDT) -- Seeking to determine whether TIG Insurance Co. owes coverage under a liability policy for injuries allegedly caused by the fumes from drain-opening liquid, a federal appeals court has asked the Hawaii Supreme Court to issue a ruling asserting the state’s prevailing view on the scope of pollution exclusions.

The U.S. Court of Appeals for the Ninth Circuit issued an order on Wednesday certifying the question on pollution exclusions in general liability policies to the state Supreme Court, noting that states generally fall into one of two...
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