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Carbon Monoxide Not A Pollutant, Pool Co. Tells 9th Circ.

Law360, New York (October 25, 2017, 3:28 PM EDT) -- A pool contractor has asked the Ninth Circuit to overturn a district court ruling that Colony Insurance does not have to cover a suit for carbon monoxide poisoning because of a pollution exclusion, saying it’s unclear whether the gas counts as a pollutant under the policy.

Victory Construction LLC argued Monday that an Oregon district court judge erred in finding the hazardous materials exclusion in the Colony policy applied to its claim, saying the exclusion defines “pollutant” as an “irritant” or “contaminant,” while carbon monoxide is...
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Case Information

Case Title

Colony Insurance Company v. Victory Construction LLC, et al


Case Number

17-35357

Court

Appellate - 9th Circuit

Nature of Suit

4110 Insurance

Date Filed

April 28, 2017

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