Cold Creek Compost, Inc. v. State Farm Fire & Casualty Co.

Opinion

MARCHIANO, P. J.

Plaintiffs Cold Creek Compost, Inc., et al. (hereafter, collectively, Cold Creek) appeal from the judgment entered in favor of defendant State Farm Fire and Casualty Company (State Farm) after State Farm’s motion for summary judgment was granted in an insurance coverage dispute. The primary issue presented is whether the pollution exclusion in the policies bars coverage for liability for offensive and injurious odors emanating from a compost facility and spreading over a mile away. We conclude that the exclusion applies and affirm the judgment for State Farm.

I.…