American States Insurance Company v. Mary Jane Nethery

EDITH H. JONES, Circuit Judge:

American States Insurance Company (“American States”) filed suit seeking a declaration of rights under its policy relating to claims brought against its insureds, painting and repair contractors and a franchisor, by customer Mary Jane Nethery (“Nethery”). The district court granted partial judgment as a matter of law to the insureds, and American States appeals. We hold that Nethery’s claim that her hypersensitivity to chemicals was inflamed by fumes from standard paint and glue materials is excluded by the absolute pollution exclusion from American States’s…