Quadrant Corp. v. American States Insurance Co.

154 Wash. 2d 165, 110 P.3d 733 (2005)

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Quadrant Corp. v. American States Insurance Co.

Washington Supreme Court
154 Wash. 2d 165, 110 P.3d 733 (2005)

  • Written by Tanya Munson, JD

Facts

Delores Kaczor was a tenant in an apartment building owned by Quadrant Corporation (Quadrant) (plaintiff) when she inhaled fumes from sealant that Pacific Restoration (plaintiff) was applying to a deck adjacent to her apartment. Kaczor became ill and required hospitalization. The sealants used by Pacific Restoration were PC-220 and Polyglaze AL, which contained toluene diisocyanate (TDI). TDI was a toxic substance that was listed by the Federal Clean Air Act as a hazardous air pollutant. Kaczor sued Pacific Restoration and Quadrant (the insureds), for personal injury and property damage, and the claim was settled. Pacific Restoration held a general liability policy from American States Insurance Company (American States) (defendant). Quadrant held general liability insurance from State Farm Fire and Casualty Company (State Farm) (defendant). Both policies contained absolute pollution-exclusion clauses, which stated that insurance did not apply to injury or damage that resulted from the release of pollutants. The insurers denied the insured’s requests for defense and indemnity. The insureds filed suit, claiming that American States and State Farm (the insurers) wrongfully denied their requests. The trial court granted summary judgment for the insurers. The insureds appealed. The court of appeals affirmed.

Rule of Law

Issue

Holding and Reasoning (Bridge, J.)

Dissent (Chambers, J.)

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