Stoney Run Co. v. Prudential-LMI Commercial Insurance Co.

47 F.3d 34 (1995)

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Stoney Run Co. v. Prudential-LMI Commercial Insurance Co.

United States Court of Appeals for the Second Circuit
47 F.3d 34 (1995)

RW

Facts

Prudential-LMI Commercial Insurance Company (Prudential) (defendant) insured Stoney Run Company (plaintiff), the owner of an apartment complex, under commercial general liability policies that excluded coverage for pollution-related damage claims. The pollution-exclusion clause was absolute in that, unlike the standard wording of earlier such clauses, the clause made no exception for sudden, accidental discharges of contaminants. Some of Stoney Run’s tenants were killed or injured when a heating and ventilation system suddenly broke down and released deadly carbon monoxide gas into the tenants’ apartments. The survivors claimed damages against Stoney Run. When Prudential refused to cover those claims, Stoney Run sued its insurer. A federal district court ruled that Prudential’s absolute pollution exclusion relieved Prudential of any liability on the tenants’ claims. The court granted Prudential’s motion to dismiss the case. Stoney Run appealed to the Second Circuit.

Rule of Law

Issue

Holding and Reasoning (Altimari, J.)

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