MOTORISTS MUT. INS. CO. v. RSJ, INC.

No. 95-CA-0367-MR.

926 S.W.2d 679 (1996)

MOTORISTS MUTUAL INSURANCE COMPANY, Appellant v. RSJ, INC., d/b/a Regency One Hour Cleaners; Century Pension Income Fund XXIII; Fox Partners V, Its General Partner, Appellees.

Court of Appeals of Kentucky.

As Modified July 19, 1996 and August 2, 1996.


Attorney(s) appearing for the Case

James D. Ishmael, Jr., Kerry T. Cauthen, Wyatt, Tarrant & Combs, Lexington, for Appellant.

James T. Gilbert, Coy, Gilbert & Gilbert, Richmond, for Appellee RSJ, Inc.

Perry M. Bentley, Todd S. Page, Stoll, Keenon & Park, Lexington, for Appellees Century Pension Income Fund XXIII and Fox Partners V, its General Partner.

Before GARDNER, JOHNSON and JOHNSTONE, JJ.


OPINION

JOHNSTONE, Judge.

At issue is the proper construction to be given a "pollution exclusion" contained in a commercial general liability policy issued by appellant. In a declaratory judgment proceeding, the trial judge rejected the insurer's attempt to escape liability for damages stemming from exposure to carbon monoxide fumes due to a leak in the vent stack of the insured's boiler. The trial judge based her refusal to give effect to the exclusion...

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