Eastern Concrete Materials, Inc. v. ACE American Insurance Co.
The court found that, because the company's officers and parent company's officers overlapped with two of them being in Texas where the insurance policy at issue was procured, the Texas courts had personal jurisdiction over the entity. Applying Texas law to the interpretation of the policy, the court found that "rock fines" discharged into a nearby creek constituted pollution, triggering an absolute pollution exclusion and barring coverage.
umbrella liability insurance policy, duty to defend, duty to indemnify, pollution exclusion, personal jurisdiction, long-arm statute, due process, minimum contacts, traditional notions of fair play and substantial justice, specific jurisdiction, most significant relationship test, waste material, irritants, contaminants
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