John R. MacKINNON et al., Plaintiffs and Appellants,
v.
TRUCK INSURANCE EXCHANGE, Defendant and Respondent.
Supreme Court of California.https://leagle.com/images/logo.png
August 14, 2003.
As Modified on Denial of Rehearing September 17, 2003.
Attorney(s) appearing for the Case
Law Offices of Arthur W. Francis, Jr., and Arthur W. Francis, Jr., Redondo Beach, for Plaintiffs and Appellants.M>
Pahl & Gosselin, Stephen D. Pahl, San Jose, and Servando R. Sandoval for California Apartment Association as Amicus Curiae on behalf of Plaintiffs and Appellants.
Menter & Witkin, Timothy S. Menter and Gene M. Witkin, Newport Beach, as Amici Curiae on behalf of Plaintiffs and Appellants.
Zevnik Horton, Michel Y. Horton, Charles J. Malaret and Stanley H. Shure, Los Angeles, as Amici Curiae on behalf of Plaintiffs and Appellants.
Gordon & Rees, Christopher R. Wagner, Los Angeles; Ropers, Majeski, Kohn & Bentley, Michael J. Brady, Redwood City; Sedgwick, Detert, Moran & Arnold, Lawrence E. Picone, Frederick D. Baker and Kirk C. Jenkins, San Francisco, for Defendant and Respondent.
Hancock Rothert & Bunshoft, Paul J. Killion, San Francisco, Kathryn C. Ashton and Megan M. Griesbach, San Francisco, for London Market Insurers as Amicus Curiae on behalf of Defendant and Respondent.
Sinnott, Dito, Moura & Puebla, Randolph P. Sinnott; Wiley Rein & Fielding, Thomas W. Brunner and Theodore A. Howard for Steadfast Insurance Company as Amicus Curiae on behalf of Defendant and Respondent.
Wiley Rein & Fielding, Laura A. Foggan, John C. Yang, Elizabeth A. Eastwood; Bien & Summers and Elliot L. Bien, Novato, for Complex Insurance Claims Litigation Association as Amicus Curiae on behalf of Defendant and Respondent.
Supreme Court of California.
MORENO, J.
In this case, we consider the meaning of an exclusionary clause in a comprehensive general liability (CGL) insurance policy that excludes injuries caused by the "discharge, dispersal, release or escape of pollutants." Specifically, we are asked to determine whether that clause, a standard pollution exclusion clause, applies to exclude injury to a tenant resulting from a landlord's allegedly negligent use of...
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