Protective National Insurance Co. of Omaha v. City of Woodhaven

The Court of Appeals in this case held that "it is arguable that the pollution exclusion clause does not apply. . . . [W]e conclude that plaintiff breached its duty to defend and that summary disposition should have been granted in favor of defendant.” Unpublished opinion per curiam of the Court of Appeals, decided September 28, 1988 (Docket No. 101968), p 5. I would affirm the decision of the Court of Appeals, but for different reasons.1

As in Polkow v Citizens Ins Co of America, 438 *168Mich 174; 476 NW2d 382 (1991), a companion to this case, the threshold issue is whether the insurer had a duty…