State: 
California
Year: 
November, 2010
Case Number: 
A128443
Court: 
California Court of Appeal, 1st District, Division 4
Citation Number: 
Issue: 
Absolute Pollution Exclusion

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.  

Author: 
UP brief drafted pro bono by John Nevius and Vianny Pichardo