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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Claim of Gass v. Onondaga Beverage Corp.

MISSING

References
0
Case No. MISSING
Regular Panel Decision

Lapolla Industries, Inc. v. Aspen Specialty Insurance

This is a declaratory judgment action filed by Lapolla Industries, Inc. against its insurers, Aspen Specialty Insurance Company and Aspen Specialty Insurance Management, Inc., seeking a declaration of coverage for an underlying personal injury lawsuit (Markey Lawsuit). The Markey Lawsuit alleges personal injury and property damage due to the 'off-gassing' of Lapolla's spray foam insulation. The insurers denied coverage citing pollution exclusion clauses in their policies. The court found a clear conflict between Texas and New York law regarding the interpretation of these clauses, with Texas law viewing them as unambiguous. Applying Texas law based on Lapolla's domicile and the worldwide coverage of the policies, the court concluded that the pollution exclusion clauses unambiguously bar coverage for the Markey Lawsuit claims, thus granting the insurers' motion to dismiss.

Insurance CoveragePollution Exclusion ClauseDeclaratory JudgmentChoice of LawConflict of LawsTexas LawNew York LawSpray Foam InsulationToxic ExposurePersonal Injury Litigation
References
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