GAMBLE FARM INN, INC. v. SELECTIVE INS. CO.


440 Pa.Super. 501 (1995)

656 A.2d 142

GAMBLE FARM INN, INC. v. SELECTIVE INSURANCE COMPANY, Larry Coploff, Mary Coploff, Ronald Drewery, Debra Drewery, Louis Winner, Rose Winner, Scott Hayes, Mrs. Maile Marshall, Tami Hershey and Michelle Zellers. Appeal of SELECTIVE INSURANCE COMPANY.

Superior Court of Pennsylvania.

Decided February 14, 1995.

Reargument and Reconsideration Denied April 21, 1995.


Attorney(s) appearing for the Case

Mitchell S. Pinsly, Philadelphia, for appellant.

Kristine L. Waltz, Williamsport, for Gamble Farm Inn, appellee.

Before BECK, HUDOCK and BROSKY, JJ.


BECK, Judge:

The issue is whether the "pollution exclusion" in a commercial Comprehensive General Liability insurance policy applies to deny coverage for damages arising out of the release of carbon monoxide within a restaurant when the restaurant's hot water heater malfunctioned. We hold that the pollution exclusion does not apply to the facts of this case, and therefore affirm the trial court's entry of summary...

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