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BITUMINOUS CAS. v. SAND LIVESTOCK SYSTEMS

No. 05-1063.

728 N.W.2d 216 (2007)

BITUMINOUS CASUALTY CORPORATION, An Illinois Insurance Company, Movant, v. SAND LIVESTOCK SYSTEMS, INC., a Nebraska Corporation; Sand Systems, Inc., a Nebraska Corporation; Furnas County Farms, a Nebraska General Partnership; and Cori A. Gossage, Individually and as Administrator of the Estate of Raymond Charles Gossage, Jr., and as Next Friend and Mother of Brian M. Gossage, Respondents.

Supreme Court of Iowa.

February 23, 2007.

Attorney(s) appearing for the Case

Timothy W. Hamann and Jared Knapp of Clark, Butler, Walsh & Hamann, Waterloo, for movant.

Donald H. Molstad, Sioux City, and Patrick W. O'Bryan, Des Moines, for respondent Sand Livestock Systems, Inc.

Robert A. Burnett, Jr., Des Moines, for respondent Gossage.

Laura A. Foggan of Wiley, Rein & Fielding, Washington, D.C., and David N. May of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for amicus curiae Complex Insurance Claims Litigation Association.

STREIT, Justice.

Is carbon monoxide pollution? Sand Livestock was sued for wrongful death after a man died of carbon monoxide poisoning in a hog confinement facility the company designed and built. Sand Livestock's insurer, Bituminous Casualty, sought a declaration that Sand Livestock's insurance did not cover the incident because of a pollution exclusion provision. In response to a certified question, we find the provision unambiguously excludes coverage. We do not...

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