Teck Metals, Ltd. v. Certain Underwriters at Lloyd's

ORDER RE MOTIONS FOR SUMMARY JUDGMENT RE QUALIFIED POLLUTION EXCLUSION CLAUSE

LONNY R. SUKO, Chief Judge.

BEFORE THE COURT are Plaintiffs and Defendants’ Cross-Motions For Summary Judgment Re The Qualified Pollution Exclusion Clause (Ct. Rec. 382 and 424). These motions were heard with oral argument on July 22. David F. Klein, Esq., argued for the Plaintiff. Gabriel Baker, Esq., argued for Defendants.

I. BACKGROUND

This motion presents the same threshold issues which have been addressed in the court’s “Order Re Motions For Summary Judgment Re Scope Of Coverage,” namely: 1) is there an actual…