Indiana Lumbermens Mutual Insurance Company, an Indiana Corporation v. West Oregon Wood Products, Inc., an Oregon Corporation

GRABER, Circuit Judge:

Defendant West Oregon Wood Products, Inc., appeals the district court’s grant of summary judgment in favor of Plaintiff Indiana Lumbermens Mutual Insurance Company. The district court held that Plaintiff, which provided Defendant with commercial liability insurance, had no duty to defend Defendant in a nuisance action. We affirm.

BACKGROUND

1. Procedural History

On April 12, 1999, Finos Lunsford filed an action (“Lunsford Action”) on behalf of himself and other plaintiffs. The complaint alleged that, since 1998, Defendant’s plant had emitted gases and particulates, causing…