Lockhart v. Erie Insurance Co.

DEL SOLE, Judge:

Appellant, an insured under an property insurance policy issued by Appellee, filed a claim with Appellee seeking coverage for a *1160loss his property sustained when nearby underground storage tanks leaked gasoline onto his property. Appellee denied coverage based upon a pollution exclusion clause contained in the policy. Appellant filed this suit claiming a breach of contract and seeking a Declaratory Judgment. A document titled, “Stipulation of Facts” was presented to the trial court upon which the court entered an Order stating that it “f[ou]nd in favor of the defendant…