Law360 (May 16, 2019, 8:13 PM EDT) -- The Seventh Circuit on Thursday rebuffed rail supply company Varlen Corp.'s bid for more than $10 million in coverage from Liberty Mutual over costs of remediating groundwater contamination at two industrial sites, saying a lower court properly barred expert testimony that would have defeated a pollution exclusion in Varlen's policies.
An appellate court panel affirmed U.S. District Judge Joan B. Gottschall's 2017 holding that Varlen can't present a geologist's conclusion that the releases of contaminants at the two sites were "sudden and accidental," which would trigger an exception to the pollution exclusion.
Without that testimony, the district judge found, Varlen can't...
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