RECENT STATE DECISIONS

September 2003

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California Court of Appeal Finds Qualified Pollution Exclusion Exempts Coverage for Discharge of Contamination Occurring before the Policy Period, Even If Damage Is Ongoing
Westoil Terminals Co., Inc. v. Industrial Indemnity Company

A California Court of Appeal has affirmed summary judgment for Industrial Indemnity based on a mid-1980s qualified pollution exclusion in Industrial Indemnity Company’s policy that required both the original release of contaminants and any property damage occur during the policy period.