Restaurant Recycling, LLC v. Employer Mutual Casualty Co.

COLLOTON, Circuit Judge.

New Fashion Pork sued Restaurant Recycling for delivering defective shipments of recycled fat, which New Fashion Pork uses as an ingredient in its swine feed. Restaurant Recycling, in turn, sued Employer Mutual Casualty Company, seeking a declaratory judgment that the insurer had a duty to defend and indemnify Restaurant Recycling. Employer Mutual moved for judgment on the pleadings, citing a total pollution exclusion in its policy that limited coverage in the case of property damage arising from dispersal of pollutants. The district court 1 granted the motion, and…