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AMERICAN STATES INS. CO. v. KOLOMS

No. 81289.

687 N.E.2d 72 (1997)

177 Ill.2d 473

227 Ill.Dec. 149

AMERICAN STATES INSURANCE CO., Appellant, v. Harvey KOLOMS, et al., Appellees.

Supreme Court of Illinois.

October 17, 1997.

Attorney(s) appearing for the Case

James P. DeNardo, McKenna, Storer, Rowe, White and Farrug, Chicago, Dennis F. Cantrell, Bingham, Summers, Welsh & Spilman, Indianapolis, for American States Insurance Company.

William P. Caputo, Nilson, Stookal, Gleason & Caputo, Chicago, for Harvey Koloms.

Steven M. Levy, Sonnenschein, Nath & Rosenthal, Chicago, for Insurance Environmental Litigation Association.

James D. Fiffer, Wilkman, Harrold, Allen & Dixon, Chicago, for Hart & Cooley, Inc.

Celiza P. Braganca, Jenner & Block, Chicago, Anthony C. Valiulis, Much, Shelist, Freed, Denenberg, Ament & Eiger, Chicago, for Institute of Real Estate Management, Lead Elimination Action Drive, Katalina Stringfield.

Tara Griffin, Anderson Kill & Olick, P.C., New York City, for Federal Home Loan Mortgage Corporation.

Justice McMORROW delivered the opinion of the court:

We granted leave to appeal in this case (155 Ill.2d R. 315) in order to examine the scope of the absolute pollution exclusion provision contained in a commercial general liability (CGL) policy. The dispositive issue for our review is whether that exclusion bars coverage for claims of carbon monoxide poisoning caused by an allegedly defective furnace. For the reasons that follow, we hold it does not.

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