Kelley-Coppedge, Inc. v. Highlands Insurance Co.

PHILLIPS, Chief Justice, and ENOCH, ABBOTT and HANKINSON, Justices, join.

In this case, we consider whether Kelley-Coppedge, Inc. (KCI), an independent contractor, “occupied” the easement on which it was performing operations, thereby invoking the pollution exclusion clause of a commercial general liability policy. The court of appeals held that KCI did occupy the easement and therefore rendered summary judgment that KCI take nothing. 950 S.W.2d 415. We reverse and render judgment for KCI.

I

While laying pipe along an easement, KCI, an oil and gas pipeline contractor, inadvertently struck a…