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Erie Insurance Exchange v. Imperial Marble Corporation

2011 IL App (3d) 100380 (Ill. App., 2011)

Words & Phrases

Exclusions: Pollution

Trial Judge

Judge James A. Lanuti

Appellate Judge

Justice O'Brien


Insurer had duty to defend because it was unclear whether permitted emissions constitute traditional environmetnal pollution to which polllution exclusion would apply.

Fact Summary

Alleged bodily injury and property damage were unexpected results of insured's intended emissions, therefore, they constitute an accident  and were not expected or intended to injure the underlying plaintiffs' persons or property.