National Union Fire Insurance Co. of Pittsburgh v. CBI Industries, Inc.

The Motion For Rehearing is overruled. Our opinion of March 2, 1995, is withdrawn and the following opinion is substituted.

In this action for damages, injunctive relief, and a declaration of coverage, the issue is whether so-called “absolute pollution exclusions” in insurance policies unambiguously apply to exclude damage coverage from an accidental explosion producing a toxic hydrofluoric acid cloud over a city. The trial court granted summary judgment in favor of the defendant insurance companies. The court of appeals reversed the summary judgment and remanded the cause to the trial court.…