Mistick, Inc. v. Northwestern National Casualty Co.

¶ 1 This matter is on remand from the Supreme Court of Pennsylvania for consideration in light of that Court’s decision in Lititz Mutual Ins. Co. v. Steely, 567 Pa. 98, 785 A.2d 975 (2001) (Lititz II). In this case, the trial court granted preliminary objections in the nature of a demurrer in favor of Northwestern National Casualty Company (Northwestern) and Penn National Insurance (Penn National). The court concluded that Northside’s claim, which arises out of an underlying action claiming childhood lead poisoning, is barred from coverage by a pollution exclusion clause in the parties’…