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BITUMINOUS CAS. v. ADVANCED ADHESIVE TECHNOLOGY

No. 94-9278.

73 F.3d 335 (1996)

BITUMINOUS CASUALTY CORPORATION, Plaintiff-Counter-Defendant, Appellant, v. ADVANCED ADHESIVE TECHNOLOGY, INC., Defendant-Counter-Claimant, Appellee, Georgia Pad, Inc., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 23, 1996.

Attorney(s) appearing for the Case

John M. Bovis, William S. Allred, Bovis, Kyle & Burch, Atlanta, GA, for appellant.

John T. Minor, III, William Francis Jourdain, Robert Greg McCurry, Minor, Bell & Neal, Dalton, GA, for appellee.

Before HATCHETT, DUBINA and BLACK, Circuit Judges.

HATCHETT, Circuit Judge:

Following Georgia law in this diversity case, we hold that a pollution exclusion provision in a commercial liability insurance policy is ambiguous and must be construed against the insurer. We affirm the district court.

BACKGROUND

Appellee Advanced Adhesive Technology, Inc. (Advanced) manufactures and sells adhesive products. Appellant Bituminous Casualty Corporation (Bituminous) sold Advanced a general commercial liability...

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