Bituminous Casualty Corp. v. Sand Livestock Systems, Inc.

STREIT, Justice.

Is carbon monoxide pollution? Sand Livestock was sued for wrongful death after a man died of carbon monoxide poisoning in a hog confinement facility the company designed and built. Sand Livestock’s insurer, Bituminous Casualty, sought a declaration that Sand Livestock’s insurance did not cover the incident because of a pollution exclusion provision. In response to a certified question, we find the provision unambiguously excludes coverage. We do not decide whether a reasonable policy holder would expect the exclusion to only pertain to “traditional environmental pollution.”

I.…