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Eastern Concrete Materials, Inc. v. ACE American Insurance Co.

Court: 5th Cir  01/17/2020  Fifth Circuit Affirms Jurisdiction over New Jersey Company and Affirms Summary Judgment for Insurer in Pollution Dispute

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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