ELR Citation: ELR 20966
No(s). 88-5815 (6th Cir. Apr 10, 1989)

In a decision designated not for publication, the court holds that an insurer has no duty to indemnify or defend its insureds for hazardous waste cleanup costs. The court holds that under Tennessee law, the pollution exclusion clause is unambiguous and excludes hazardous waste cleanup costs and litigation defense from coverage unless the pollution was "sudden" in the temporal sense. Waste leaking over a six- to seven-year period, the court concludes, is not "sudden."

[This issue is analyzed in an article at 19 ELR 10351.]

Counsel for Plaintiff-Appellee
Michael Mills
2600 the Tower, 611 Commerce St., Nashville TN 37203
(615) 256-8787

Counsel for Defendant-Appellant
Jay Bowen, J. Tipps
2700 First American Center, Nashville TN 37238
(615) 742-6200