Tri County Service Co. v. Nationwide Mutual Insurance Co.

OPINION

RON CARR, Justice 2 .

This is an appeal from a summary judgment which presents us with an issue of first impression concerning the proper construction and interpretation of a standard “pollution exclusion” clause contained in a commercial general liability insurance contract issued by appellee, Nationwide Mutual Insurance Company, [Nationwide] to its insured, appellant, Tri County Service Company, Inc. [Tri County].

The facts of this ease are undisputed. Tri County was a paving subcontractor working under contract paving an H.E.B. parking lot. Tri County began its work in September 1990…