“We are so grateful to have wonderful UP looking out for us and putting together amazing amounts of information to help us understand 'the process' and cope with the trials and tribulations!"
This is a "total pollution exclusion" case akin to--though with significantly different facts than--the Cold Creek Compost case. In this matter, a homeowners association hired a contractor to scrape acoustic ceilings, resulting in a one-time, accidental and localized release of asbestos in and around the building. State Farm sought summary adjudication, arguing that the total pollution exclusion barred coverage for such a claim. The issue is whether, under MacKinnon, the total pollution exclusion would be reasonably understood by a layperson to exclude coverage for the one-time, localized, accidental release of unknown asbestos during a routine ceiling scraping.