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WHITTIER PROPERTIES v. ALASKA NAT. INS.

No. S-12538.

185 P.3d 84 (2008)

WHITTIER PROPERTIES, INC., Appellant, v. ALASKA NATIONAL INSURANCE COMPANY, Appellee.

Supreme Court of Alaska.

June 13, 2008.

Attorney(s) appearing for the Case

George R. Lyle, Guess & Rudd P.C., Anchorage, for Appellant.

Brewster H. Jamieson and Andrea E. Girolamo-Welp, Lane Powell LLC, Anchorage, for Appellee.

Randall J. Weddle, Holmes Weddle & Barcott P.C., Anchorage, and Laura A. Foggan, John C. Yang, and Benjamin J. Theisman, Wiley Rein LLP, Washington, D.C., for Amicus Curiae Complex Insurance Claims Litigation Association.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, and CARPENETI, Justices.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Is gasoline that leaked from the broken fill pipe of an underground storage tank a "pollutant" within the meaning of the "absolute" pollution exclusion contained in the tank owner's commercial liability insurance policies? We conclude that it is, that the policies' pollution exclusions unambiguously excluded property damage arising out of the...

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