ELR Citation: ELR 21317
No(s). 90-5965 (6th Cir. May 14, 1991)

The court holds that a pollution exclusion clause in an insurance liability policy bars coverage for claims asserted against the insured under the Comprehensive Environmental Response, Compensation, and Liability Act. The court holds that the district court properly concluded that the policy does not insure against liability for property damage arising out of the release of toxic substances, even though the insured had only delivered the toxic waste to a transporter for disposal and had not itself released any pollutants into the environment. The court holds that the insurer has no duty to defend and that the policy's pollution exclusion clause unambiguously denies coverage.

Counsel for Appellee
Larry Deener, Benjamin Cowgill Jr.
Landrum & Shouse
106 W. Vine Pl., P.O. Box 951, Lexington KY 40588
(606) 255-2424

Counsel for Appellant
Victor L. Baltzell Jr.
Miller, Mosley, Clare & Townes
730 Main St., 5th Fl., Louisville KY 40202
(502) 582-3891

Before NELSON and NORRIS, Circuit Judges, and LIVELY, Senior Circuit Judge.