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Evanston Insurance Co. v. Texas Concrete and Sand Gravel, Inc.

Court: SD Tx  08/02/2022  Total Pollution Exclusion Does Not Preclude Duty to Defend, Duty to Indemnify Premature

A Magistrate for the Southern District of Texas recommended that commercial general liability insurer's motion for summary judgment based on Total Pollution Exclusion be denied under eight-corners rule, where insurer did not demonstrate aggregates and particulates discharged by Hurricane Harvey into waterways constituted "pollutants."

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