Mountain States Mutual Casualty Co. v. Roinestad
Court: Colorado Supreme Court
Case Number: 2010SC853
An insurer denied coverage under the pollution exclusion following the physical injuries sustained by exposure to naturally occurring sewer gas subsequent to a plumbing mishap. The insurance company alleged that the Absolute Pollution Exclusion (APE) applied; UP addressed the history and scope of the APE to suggest that the exclusion did not envision this type of injury.
UP’s Brief was written pro bono by James M. Davis and Evan T. Knott of Reed Smith (Chicago).