Pollution Exclusion Axes Plumber's Coverage, Says 2nd Circ.

Law360, Los Angeles (May 31, 2017, 7:20 PM EDT) -- The Cincinnati Insurance Co. doesn't have to defend or indemnify a plumbing company in litigation over chemical contamination stemming from sewer repair work near a former Superfund site in Niagara Falls, New York, the Second Circuit affirmed on Wednesday, holding that a pollution exclusion in Cincinnati's policy clearly bars coverage.

A three-judge panel of the appellate court upheld a New York federal judge's decision granting summary judgment in favor of Cincinnati in its coverage battle with Roy's Plumbing Inc.

In an underlying state court lawsuit, three...
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