Restaurant Recycling, LLC, Plaintiff - Appellant, New Fashion Pork, LLP, Intervenor Plaintiff, v. Employer Mutual Casualty Company, doing business as EMC Insurance Companies; Hamilton Mutual Insurance Company, Defendants - Appellees., 922 F.3d 414

Summary

HOLDINGS: [1]-An insurer did not have a duty to defend since a total pollution exclusion in the policy limited coverage in the case of property damage arising from dispersal of pollutants, the insured's concession that lascadoil was a pollutant made consideration of lasalocid's status unnecessary, the allegations in the underlying case that lascadoil caused some measure of damage sufficed to place the claims of plaintiff in that case within the pollution exclusion if the damage was caused by "dispersal" of the pollutant, the actions by the insured and plaintiff in the underlying case qualified as "dispersing" the lascadoil, and dispersal did not have to be intentional; that the insurance policy provided coverage for property damage caused by occurrences, or accidents, did not mean logically that the exclusion is limited to intentional acts.