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LITITZ MUT. INS. CO. v. STEELY

785 A.2d 975 (2001)

LITITZ MUTUAL INSURANCE CO., Appellee, v. Clifford STEELY, Barbara Steely, Steven Brown, A Minor, by Ethel Brown, His Guardian, Jack Yeager and Shirley Yeager, Appellants (Two Cases).

Supreme Court of Pennsylvania.

Decided November 30, 2001.

Attorney(s) appearing for the Case

Paul F. Lantieri, Philadelphia, for Jack Yeager.

Peter Russell Kohn, Philadelphia, for Steven Brown/Ethel Brown.

Rory Oliver Connaughton, Robert M. Frankhouser, Lancaster, for Clifford and Barbara Steely.

Matthew Hermann Haverstick, amicus curiae, New York, NY, for Federal Home Loan Mortgage Co.

Paul W. Kisslinger, Barry J. Fleishman, amicus curiae, Washington, DC, for Valspar Corp. & National Paint.

John Alexander MacDonald, amicus curiae, Philadelphia, for United Policy Holders.

James R. Segerdahl, amicus curiae, for PPG Industries, Inc.

Timothy J. Huber, Lebanon, for Lititz Mutual Co.

Guy A. Cellucci, Philadelphia, for Environmental Litigation Accoc.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

SAYLOR, Justice.

The issue to be decided is whether a pollution exclusion clause in a commercial general liability insurance policy precludes coverage for injuries allegedly caused by the ingestion and/or inhalation of lead-based paint.

For approximately five and one-half years between 1988 and 1993, Steven Brown ("Steven"), a minor, resided in a rental property owned by Clifford and Barbara Steely (the "Steelys"). Thereafter, Steven...

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