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GRINNELL MUT. REINSURANCE CO. v. WASMUTH

No. C1-88-1014.

432 N.W.2d 495 (1988)

GRINNELL MUTUAL REINSURANCE COMPANY, Appellant, v. Lowell WASMUTH, et al., Respondents, CIBA-GEIGY Corporation, et al., Defendants, Edwin Carlson, d/b/a Eddie's Insulation, Respondent.

Court of Appeals of Minnesota.

Review Denied February 10, 1989.

Attorney(s) appearing for the Case

Kay Nord Hunt, V. Owen Nelson, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for appellant.

David S. Maring, Cahill & Maring, P.A., Fargo, for Lowell Wasmuth, et al.

Duane A. Lillehaug Dosland, Dosland, Nordhougen, Lillehaug & Johnson, P.A. American Bank & Trust Bldg. P.O. Box 100 Moorhead, for Edwin Carlson.

John B. Gordon, Faegre & Benson, Minneapolis, Thomas W. Brunner, John W. Cavilia, Robert R. Lawrence, Wiley, Rein & Fielding, Washington, D.C., for amicus curiae Ins. Environmental Litigation Ass'n.

Thomas J. Barrett, Thomas J. Radio, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, John E. Hintz, Michael K. Hammaker, Washington, D.C., for amici curiae Honeywell, Inc. and Minnesota Min. and Mfg. Co.

Heard, considered and decided by CRIPPEN, P.J., and FORSBERG and LOMMEN, JJ.

OPINION

CRIPPEN, Judge.

Grinnell Mutual brought a declaratory judgment seeking a determination that the "pollution" exclusion in liability insurance policies issued to Edwin Carlson's business precluded coverage for alleged damage to a home and its occupants caused by formaldehyde unexpectedly emitted from deteriorating foam insulation Carlson sold and installed.

The trial court denied Grinnell's summary judgment motion and granted summary judgment...

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