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SNYDERGENERAL CORP. v. CONTINENTAL INS. CO.

No. 96-10658.

133 F.3d 373 (1998)

SNYDERGENERAL CORP., Plaintiff-Appellant, v. CONTINENTAL INS. CO., A New Hampshire Corp., et al., Defendants, Great American Insurance Companies, a Ohio Corp.; United States Fire Insurance Company, a New York Corp., Defendants-Appellees. SNYDERGENERAL CORP., Plaintiff, v. NORTHBROOK PROPERTY & CASUALTY INSURANCE CO., Defendant.

United States Court of Appeals, Fifth Circuit.

February 2, 1998.

Attorney(s) appearing for the Case

Michael Lamar Jones, Frieda Anne Clark, Henry, Meier, Jones & Johnson, Dallas, TX, David Ronald Reneker, Bush, Craddock and Reneker, Dallas, TX, Robert E. Goodfriend, Dallas, TX, for Plaintiff-Appellant.

Kevin Frank Risley, Gilpin, Paxson and Bersch, Houston, TX, Donald Alan Lane, Droder & Miller, Cincinnati, OH, for Great Am. Ins. Companies.

Robert Odell Lamb, Belinda A. Vrielink, Thompson, Coe, Cousins & Irons, Dallas, TX, for U.S. Fire Ins. Co.

Before JOLLY, DUHÉ and PARKER, Circuit Judges.

DUHÉ, Circuit Judge:

Appellant SnyderGeneral sued its insurers, Great American and U.S. Fire, for costs incurred in cleaning up groundwater contaminated with TCE. Appellees denied coverage on the basis of the pollution exclusion clauses in the policies and successfully moved for summary judgment. The district court found that not only did the exclusion preclude coverage but also that Appellant was an habitual polluter. We agree that the pollution exclusion clause...

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