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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."

commercial general liability policy, motion for summary judgment, duty to defend, duty to indemnify, Total Pollution Exclusion, property damage, pollutant, aggregate, particulate, contaminants, waste, Hurricane Harvey

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