Board of Regents v. Royal Insurance Co. of America

OPINION

SIMONETT, Justice.

Does the “pollution exclusion” in the defendant carriers’ insurance policies exclude coverage for asbestos claims? We conclude in this case that it does not for the primary policies but it does for the excess policies. We reverse in part and affirm in part.

From 1969 to early 1972 the University of Minnesota installed asbestos-containing fireproofing materials, manufactured by Asbes-tospray Corporation, in some of its buildings. In 1985, the Board of Regents of the University and the State of Minnesota (hereinafter called “the Regents”) sued, among others, Asbestospray…