RECENT FEDERAL DECISIONS

December 2001

To read this entire item of approximately 860 words online now in PDF format: Click here to read this item if you are an existing subscriber to this publication. Click here to purchase the full text of this item to read now (price: $25). To subscribe to this publication and immediately access all its archives including this item, select the relevant publication under 'Catalogue' in the left-hand column PLEASE NOTE: to read PDFs on www.argento.com you must be using Version 5 of Acrobat Reader or Adobe Reader. If you have an earlier version you can download the latest free of charge by clicking here

Ninth Circuit Holds that Insurer Has No Duty to Defend Insured in a Nuisance Action
Indiana Lumbermens Mutual Insurance Co. v. West Oregon Wood Products, Inc.

As a result of the narrowly drafted pleadings of a complaint in the underlying action and in view of the policies' definition of "hostile fire," the Ninth Circuit concluded that the pollution exclusion clauses in several insurance policies barred the defendant from receiving insurance coverage for a nuisance claim asserted against it.