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 has the ability to explain complex processes in a simple manner, which is key when dealing with an overwhelming situation. Many residents have voiced their gratitude for UP’s help and have called upon their assistance multiple times.”