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CITY OF CHESAPEAKE v. STATES SELF-INSURERS

Record No. 051986.

628 S.E.2d 539 (2006)

271 Va. 574

CITY OF CHESAPEAKE v. STATES SELF-INSURERS RISK RETENTION GROUP, INC.

Supreme Court of Virginia.

April 21, 2006.

Attorney(s) appearing for the Case

William F. Devine (Jonathan S. Miles, Williams Mullen Hofheimer Nusbaum, on briefs), Norfolk, for plaintiff.

James E. Brydges, Jr., (Christopher J. Wiemken, Taylor & Walker, on brief), Norfolk, for defendant.

United Policyholders (L. Steven Emmert, John G. Nevius, Richard P. Lewis, John H. Ellison, Greg Hansen, Sykes, Bourdon, Ahern & Levy, Anderson Kill & Olick, on brief), for amicus curiae, in support of plaintiff.

Complex Insurance Claims Litigation Association (Laura A. Foggan, John C. Yang, Katherine L. Van Pelt, Wiley Rein & Fielding, on brief), for amicus curiae, in support of defendant.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and COMPTON, S.J.

LEMONS, Justice.

Pursuant to Article VI, Section 1 of the Constitution of Virginia and our Rule 5:42, the United States District Court for the Eastern District of Virginia ("district court"), by its order entered September 22, 2005, certified to this Court a single question of law relating to coverage questions under an insurance policy:

Was coverage excluded under the pollution exclusion in the Policy for claims made in suits filed by 213 women who alleged...

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