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KARROLL v. ATOMERGIC CHEMETALS CORP.

194 A.D.2d 715 (1993)

600 N.Y.S.2d 101

David Karroll, Respondent, v. Atomergic Chemetals Corp. et al., Defendants and Third-Party Plaintiffs-Respondents. Federal Insurance Company, Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 21, 1993

Ordered that the orders are affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiff, while working as a bulldozer operator, was accidentally sprayed with sulfuric acid. The appellant's contention that the pollution-exclusion clause in its insurance policy applies to the underlying accident is without merit. As the insurer, the appellant must demonstrate that the exclusion applies in this particular...

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