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Liberty Mutual Fire Insurance Co. v. Copart of Connecticut, Inc.

Court: 5th Cir  07/31/2023  Fifth Circuit Reverses Judgment Regarding Duty to Indemnify Under Pollution Exclusion

The Fifth Circuit Court of Appeals reversed in part a district court's ruling that the insurer had no duty to indemnify because it had no duty to defend under a pollution exclusion, holding that any ruling regarding the duty to indemnify is not yet justiciable, but affirming the district court as to its ruling that the insurer had no duty to defend where the pollution exclusion unambiguously bars coverage.

commercial general liability policy, umbrella policy, eight-corners rule, duty to defend, duty to indemnify, pollution exclusion, Griffin

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