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GOLD FIELDS AMERICAN CORPORATION v. AETNA CASUALTY AND SURETY COMPANY

295 A.D.2d 289 (2002)

744 N.Y.S.2d 395

GOLD FIELDS AMERICAN CORPORATION et al., Appellants, v. AETNA CASUALTY AND SURETY COMPANY et al., Defendants, and FEDERAL INSURANCE COMPANY, Respondent.

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

Decided June 27, 2002.

The motion court correctly found that the absolute pollution exclusion clause relied upon by defendant insurers cannot be reasonably and fairly interpreted except to exclude the underlying claims arising from the discharge of mining waste from coverage (see, Vigilant Ins. Co. v V.I. Tech., 253 A.D.2d 401, 402, lv dismissed 93 N.Y.2d 999). Even if mining waste can be used as a commercial product, it is nonetheless covered by...

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