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NORTHERN INS. CO. v. AARDVARK ASSOCIATES

Civ. A. No. 86-108E.

743 F.Supp. 379 (1990)

NORTHERN INSURANCE COMPANY OF NEW YORK, Plaintiff, v. AARDVARK ASSOCIATES, INC. and Insurance Company of North America, Defendants.

United States District Court, W.D. Pennsylvania.

August 29, 1990.

Attorney(s) appearing for the Case

George I. Buckler, Meyer Darragh Buckler Bebenek Eck, Pittsburgh, Pa. and Thomas R. Brunner, Piper & Marbury, Washington, D.C., for Northern Ins. Co. of New York.

E. Max Weiss, Meadville, Pa., Jerold Oshinsky, Washington, D.C., for Aardvark Associates, Inc.

T. Warren Jones, MacDonald Illig Jones Britton, Erie, Pa., Richard Shusterman, Guy Cellucci, Barbara Zellner, White & Williams, Philadelphia, Pa., for Ins. Co. of North America.

OPINION

COHILL, Chief Judge.

This extensive and hotly contested litigation concerns the applicability of certain comprehensive liability insurance policies in a pollution discharge context. We conclude that unambiguous policy exclusions excuse these insurers from coverage.

FACTS

Aardvark Associates, Inc. (Aardvark) is engaged in the business of transporting industrial wastes from a production site to a disposal site. Aardvark does not produce...

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