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DONALDSON v. URBAN LAND INTERESTS, INC.

No. 95-3015.

205 Wis.2d 408 (1996)

556 N.W.2d 100

Sandra DONALDSON, April Schmitt and John D. Schmitt, Plaintiffs, STATE of Wisconsin, Subrogated-Plaintiff, v. URBAN LAND INTERESTS, INC., Defendant-Appellant, The HANOVER INSURANCE COMPANY, Defendant-Respondent, BARSTOW ASSOCIATES, a Limited Partnership, North American Mechanical, Inc., ABC Insurance Company and DEF Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided October 9, 1996.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Douglas B. Clark and Nancy Y.T. Hanewicz of Foley & Lardner of Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of Jeffrey Leavell and Gregory Boe of Jeffrey Leavell, S.C. of Racine.

Before Anderson, P.J., Nettesheim and Snyder, JJ.

NETTESHEIM, J.

Urban Land Interests, Inc., (ULI) appeals from the trial court's grant of summary judgment to its insurer, The Hanover Insurance Company. The trial court ruled that the pollution exclusion clauses in the Hanover policies barred coverage to ULI. Specifically, the court ruled that exhaled carbon dioxide is a "pollutant" which was "discharged, dispersed or released" within the meaning of the pollution exclusion clauses. We agree with the court's construction...

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