Freidline v. Shelby Insurance Co.

OPINION

RILEY, Judge

STATEMENT OF THE CASE

Defendants/Third Party Plaintiffs-Appellants, John Freidline and Donna Freid-line (the “Freidlines”), appeal the trial court’s order granting summary judgment in favor of the Third Party Defendant Appellee, Shelby Insurance Company (Shelby).

We reverse and remand with instructions.

ISSUES

The Freidlines raise three issues on appeal, which we consolidate and restate as the following two issues:

1. Whether the pollution exclusion in the Shelby policy precludes coverage for the plaintiffs’ claims.

2. Whether Shelby’s denial of coverage was in bad faith.

FACTS…