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BELT PAINTING CORP v. TIG INS

293 A.D.2d 206 (2002)

742 N.Y.S.2d 332

BELT PAINTING CORP., Appellant, v. TIG INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 13, 2002.

Attorney(s) appearing for the Case

Hagan, Coury & Associates, Brooklyn (Paul Golden of counsel), for appellant.

Morrison, Mahoney & Miller, LLP, New York City (Erik Drewniak and Arthur J. Liederman of counsel), for respondent.

O'BRIEN, FRIEDMANN and McGINITY, JJ., concur.

OPINION OF THE COURT

PRUDENTI, P.J.

Whether the terms of the absolute pollution exclusion contained in certain contracts of insurance, including the one now under review in this case, should be applied literally so as to exclude coverage even in those cases where the "environment," as that term is commonly understood, is unaffected by anything which could realistically be defined as "pollution," is a question...

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