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.
“UP played a leadership role in ensuring that future wildfire victims are treated more fairly by their insurance providers as part of a collaborative and successful effort to change some of Colorado’s insurance-related legislation and regulations.”