Royal Insurance Company of America American Employers' Insurance Company v. Kirksville College of Osteopathic Medicine

LOKEN, Circuit Judge.

Kirksville College of Osteopathic Medicine (“KCOM”) punctured an underground storage tank while allegedly trespassing on a neighbor’s property. Pollutants escaped from the tank, and the neighbor sued KCOM to recover its clean-up costs. KCOM tendered defense of the suit to its liability insurers, Royal Insurance Company of America (“Royal”) and American Employers’ Insurance Company (“American”), who commenced this action seeking a declaratory judgment they have no duty to defend or indemnify KCOM because of the absolute pollution exclusion in their comprehensive general…