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MONTALVO v. STATE DEPT. OF ENVIRONMENTAL REGULATION

Nos. 94-1898, 94-1921, and 94-1930.

667 So.2d 816 (1995)

Juan MONTALVO and Chemairspray, Inc., and New Farm, Inc., Appellants, v. STATE of Florida DEPARTMENT OF ENVIRONMENTAL REGULATION, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing, Clarification, Certification, and Rehearing Denied February 26, 1996.

Attorney(s) appearing for the Case

Theresa A. Dipaola of Ricci, Hubbard & Leopold, P.A., West Palm Beach, for Appellants—Juan Montalvo and Chemairspray, Inc.

L. Martin Reeder, Jr. of Steel Hector & Davis, West Palm Beach, for Appellant— New Farm, Inc.

William S. Josey of Hinshaw & Culbertson, Tampa, for Appellee—Hudson Insurance Company.

Eric G. Belsky and Ronald L. Kammer of Hinshaw & Culbertson, Miami, for Appellee—Protective National Insurance Company.

John P. Wiederhold and Lawrence I. Bass of Wiederhold, Moses, Bulfin & Rubin, P.A., West Palm Beach, for Appellee—Florida Farm Bureau Mutual Insurance Company.

Barry S. Bendetowies and Bradley S. Fischer of Melito & Adolfsen, Fort Lauderdale, for Appellee—First State Insurance Company.

Robert A. Mercer of Robert A. Mercer, P.A., Miami; Laurence M. McHeffey and Christine L. Thieman of McElroy, Deutsch & Mulvaney, Morristown, New Jersey, for Appellee—International Surplus Lines Insurance Company.

Rehearing, Clarification, Certification, and Rehearing En Banc Denied February 26, 1996.

PER CURIAM.

We affirm the trial court's decision finding no insurance coverage under these various general comprehensive liability policies for a regulatory agency's action for environmental pollution. We agree that the pollution exclusion clauses in these policies preclude coverage. See Dimmitt Chevrolet, Inc. v. Southeastern Fidelity Ins. Corp.,

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